Chiefari v Waverley Council [2017] NSWLEC 1567

Land and Environment Court New South Wales

Medium Neutral Citation: Chiefari v Waverley Council [2017] NSWLEC 1567 Hearing dates: 14 and 15 September 2017 Date of orders: 10 October 2017 Decision date: 10 October 2017 Jurisdiction: Class 1 Before: Dixon C Decision: The Court orders: 1. The appeal is upheld. 2. The application to modify development consent no. 486/2013 to include a roof top terrace of not more than 15m2, including a glass balustrade and opaque glass privacy screen at 172 Hasting Parade, Bondi is approved subject to the Council's proposed conditions of consent. 3. The Exhibits are returned apart from Exhibits 2 and B. Catchwords: MODIFICATION APPLICATION - roof top terrace - impact on views, privacy and amenity; height compliance - INTERPRETATION - Waverly DCP 2012 - whether developments 'contiguous' to the subject site include a roof terrace - meaning of 'contiguous' Legislation Cited: Environmental Planning and Assessment Act 1979 Waverley Local Environmental Plan 2012 Cases Cited: Goldin & Anor v Minister for Transport Administrating the Ports Corporation and Waterways Management Act 1995 (2002) 121 LGERA 101; [2002] NSWLEC 75 HSN Holdings Bondi 2 v Waverly Council [2016] NSWLEC 1574 Texts Cited: Waverley Development Control Plan 2012 Category: Principal judgment Parties: Tony Chiefari (Applicant) Waverly Council (Respondent) Representation: Counsel: Mr P Tomasetti SC (Applicant) Mr S Patterson (Respondent)