Arbib v Waverley Council [2018] NSWLEC 1475

Land and Environment Court New South Wales

Medium Neutral Citation: Arbib v Waverley Council [2018] NSWLEC 1475 Hearing dates: 30-31 August 2018 Date of orders: 07 September 2018 Decision date: 07 September 2018 Jurisdiction: Class 1 Before: O'Neill C Decision: The orders of the Court are: (1) The appeal is dismissed. (2) Development Application No. 569/2016 for alterations and additions to an existing residential flat building at 19 Dellview Street, Tamarama, is refused. (3) The exhibits, other than exhibits 1 and A, are returned. Catchwords: DEVELOPMENT APPLICATION: alterations and additions to an existing residential flat building including an additional level; contravention of the floor space ratio development standard; impact on views from nearby residential flat buildings; interpretation of the maximum external wall height control in the Waverley Development Control Plan 2012. Legislation Cited: Environmental Planning and Assessment Act 1979 Land and Environment Court Act 1979 Waverley Local Environmental Plan 2012 Cases Cited: Arnott v City of Sydney Council [2015] NSWLEC 1052 Four2Five Pty Ltd v Ashfield Council [2015] NSWLEC 90 Initial Action v Woollahra Municipal Council [2018] NSWLEC 118 Tenacity Consulting v Waringah [2004] NSWLEC 140 Wingecarribee v De Angelis [2016] NSWCA 189 Wehbe v Pittwater Council (2007) 156 LGERA 446 Texts Cited: Waverley Development Control Plan 2012 Category: Principal judgment Parties: David Arbib (Applicant) Waverley Council (Respondent) Representation: Counsel: P McEwen SC (Applicant)