Mecone Pty Limited v Waverley Council [2015] NSWLEC 1312

Land and Environment Court New South Wales

Medium Neutral Citation: Mecone Pty Limited v Waverley Council [2015] NSWLEC 1312 Hearing dates: 27-28 July 2015 Date of orders: 07 August 2015 Decision date: 07 August 2015 Jurisdiction: Class 1 Before: Morris C Decision: Appeal dismissed Catchwords: DEVELOPMENT APPLICATION: additional two storeys to residential flat building; impacts on views and solar access Legislation Cited: Waverley Local Environmental Plan 2012; State Environmental Planning Policy No 65 – Design Quality of Residential Flat Buildings; Environmental Planning and Assessment Act 1979 Cases Cited: Legacy Property Pty Ltd v Waverley Council [2014] NSWLEC 1150; Wehbe v Pittwater Council [2007] NSWLEC 827; Tenacity Consulting Pty Ltd v Warringah Council [2004] NSWLEC 140 Texts Cited: Waverley Development Control Plan 2012 – Amendment No 2; Waverley Council Planning Agreement Policy 2014; Residential Flat Design Code Category: Principal judgment Parties: Mecone Pty Limited (Applicant) Waverley Council (Respondent) Representation: Counsel: Mr A Galasso SC (Applicant) Mr M Staunton (Respondent)

Solicitors: Mr M Sonter, Gadens (Applicant) Mr S Patterson, Wilshire Webb Staunton Beattie Lawyers (Respondent) File Number(s): 10332 of 2015

Judgment 1. Mecone Pty Ltd lodged Development Application DA628/2014 with Waverley Council on 24 December 2014 seeking consent to construct an additional two residential storeys containing a total of 10 apartments to an approved mixed use development at Nos 253-255 Oxford Street, Bondi Junction. 2. The council had not determined the application within the prescribed period and Mecone is appealing its deemed refusal. 3. The issues in the case are whether the written objections to development standards for height and floor space ratio are well founded and whether the impacts of the proposal on solar access and views enjoyed by adjacent properties are acceptable.