NSW Caselaw
Land and Environment Court New South Wales
Medium Neutral Citation: Steele v Waverley Council [2018] NSWLEC 1659 Hearing dates: 4 December 2018 Date of orders: 19 December 2018 Decision date: 19 December 2018 Jurisdiction: Class 1 Before: Dickson C Decision: The Court orders that: (1) The appeal is dismissed. (2) Development application DA-410/2017 for alterations and additions to an approved residential flat building at 585 Old South Head Road, Rose Bay is refused. (3) The exhibits are returned with the exception of Exhibits 1, C and D. Catchwords: DEVELOPMENT APPLICATION: alterations and additions to an approved residential flat building – new development application – variation to floor space ratio sought – impact to adjoining neighbours to the rear – compliance with floor space ratio development standard not unreasonable or unnecessary – appeal dismissed. Legislation Cited: Environmental Planning and Assessment Act 1979 Waverley Local Environmental Plan 2012 Cases Cited: Initial Action v Woollahra Municipal Council [2018] NSWLEC 118 Super Studio v Waverley Council [2004] NSWLEC 91 Wehbe v Pittwater Council (2007) 156 LGERA 446 Texts Cited: Waverley Development Control Plan 2012 Category: Principal judgment Parties: Oliver Steele (Applicant) Waverley Council (Respondent) Representation: Counsel: A Pickles SC (Applicant)
Solicitors: Conomos Legal (Applicant) S Patterson, Wilshire Webb Staunton Beattie (Respondent) File Number(s): 2017/353423 Publication restriction: No
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