GJD Property Pty Ltd v Waverley Council [2017] NSWLEC 1125

Land and Environment Court New South Wales

Medium Neutral Citation: GJD Property Pty Ltd v Waverley Council [2017] NSWLEC 1125 Hearing dates: 7 & 8 February 2017 Date of orders: 14 March 2017 Decision date: 14 March 2017 Jurisdiction: Class 1 Before: Morris C Decision: Appeal upheld Catchwords: DEVELOPMENT APPLICATION: appeal against conditions; building height, impact of views, bulk and scale, whether adverse amenity impacts Legislation Cited: Waverley Local Environmental Plan 2012; State Environmental Planning Policy No 65 - Design Quality of Residential Apartment Development; Environmental Planning and Assessment Act 1979 Cases Cited: Wehbe v Pittwater Council [2007] NSWLEC 827 Texts Cited: Waverley Development Control Plan 2012; Apartment Design Guide Category: Principal judgment Parties: GJD Property Pty Ltd (Applicant)

Waverley Council (Respondent) Representation: Counsel: Mr A Galasso SC(Applicant) Mr M Staunton (Respondent)

Solicitors: Mr M Sonter Mills Oakley (Applicant) Mr S Patterson Wilshire Webb Staunton Beattie (Respondent) File Number(s): 168407/2016

Judgment 1. Waverley Council granted a deferred commencement consent to Development Application DA-462/2015 (the consent) that had been lodged by GJD Property Pty Ltd (GJD). The consent provides for demolition and construction of a Mixed use development including 3 retail tenancies, basement parking and residential above. 2. The deferred commencement provisions require the deletion of what was the proposed top floor (level 5) or the 6th storey of the building and define maximum heights for the structure and other matters that are not the subject of this appeal. In addition, once the consent becomes operative, condition 2(a) provided for amendments to the level 4 units. 3. GJD is appealing the council's determination pursuant to the provisions of s97(1) of the Environmental Planning and Assessment Act 1979 (EP&AAct), in particular, deferred commencement condition (1) and operational condition 2(a).