Boon v Waverley Council [2016] NSWLEC 1190

Land and Environment Court New South Wales

Medium Neutral Citation: Boon v Waverley Council [2016] NSWLEC 1190 Hearing dates: 18 April 2016 Date of orders: 25 May 2016 Decision date: 25 May 2016 Jurisdiction: Class 1 Before: Smithson AC Decision: 1. By consent, the appeal is upheld. 2. Leave is granted to the Applicant to rely on the following plans prepared by MHN Design Union Pty Ltd and dated 9 March 2016: (a) Site Plan numbered DA-01(B) (b) First Floor Plan & Attic Plan numbered DA-03(B) (c) East & Southern Elevation numbered DA-04(B) (d) North & West Elevation numbered DA-05(B) (e) Section A-A numbered DA-06(B). 3. Pursuant to s96(2) of the Environmental Planning and Assessment Act, 1979, consent is granted to Modification Application No. 856/2004/A to modify Development Consent No. DA-856/2004 for the demolition of the existing dwelling and the erection of a new two storey dwelling and garage at 1 Harlowe Place, Bronte in accordance with Annexure A. 4. As a consequence of Order 3, DA856/2004 is now subject to the consolidated modified conditions of development consent set out in Annexure B. 5. The exhibits, other than exhibits 2, 4, 7 and A, are returned. Catchwords: MODIFICATION APPLICATION: consent orders; third storey bedroom addition; height breach; resident objections, precedent Legislation Cited: Environmental Planning and Assessment Act 1979 Land and Environment Court Act 1979 Category: Principal judgment Parties: Jason Woodford Boon (Applicant) Waverley Council (Respondent) Representation: Mr Gary Green Solicitor (Applicant) Mr Chris McKeown Barrister (Respondent)