Blue Label Constructions v Waverley Council [2017] NSWLEC 1059

Land and Environment Court New South Wales

Medium Neutral Citation: Blue Label Constructions v Waverley Council [2017] NSWLEC 1059 Hearing dates: 3,4 and 8 November 2016 Date of orders: 16 February 2017 Decision date: 16 February 2017 Jurisdiction: Class 1 Before: Smithson C Decision: 1. The appeal is dismissed. 2. Development Application No. DA-225/2016 for a dual occupancy at 110 Military Road, Dover Heights is refused. 3. The exhibits, other than exhibits 2, 4, A, B and H, are returned. Catchwords: DEVELOPMENT APPLICATION: dual occupancy; height; floor space ratio; setbacks; overshadowing; view loss; clause 4.6 variation; public interest Legislation Cited: Environmental Planning and Assessment Act 1979 Land and Environment Court Act 1979 Waverley Local Environmental Plan 2012 Cases Cited: Tenacity Consulting v Warringah [2004] NSWLEC 140. Veloshin v Randwick Council [2007] NSWLEC428 Category: Principal judgment Parties: Blue Label Construction Pty Ltd (Applicant) Waverley Council (Respondent) Representation: Solicitors: Mr M Mantei, Planning Law Solutions (Applicant) Mr S Patterson, Wilshire Webb Staunton Beattie (Respondent) File Number(s): 2016/211967

Judgment 1. COMMISSIONER: This is an appeal pursuant to the provisions of s 97 of the Environmental Planning and Assessment Act 1979 against the deemed refusal of an application for alterations to an existing dwelling house to create two dual occupancy dwellings at 110 Military Road, Dover Heights (the site) by Waverley Council (the Council). 2. The appeal was subject to mandatory conciliation on 3 November, 2016, in accordance with the provisions of s 34AA of the Land and Environment Court Act 1979. As agreement was not reached during the conciliation phase, the conciliation conference was terminated pursuant to s 34AA(2)(b) and the proceedings dealt with as a hearing held forthwith, pursuant to s 34AA(2)(b)(i).