Brown v Waverley Council [2018] NSWLEC 1660

Land and Environment Court New South Wales

Medium Neutral Citation: Brown v Waverley Council [2018] NSWLEC 1660 Hearing dates: Conciliation on 22 November 2018; submissions received 3 and 11 December 2018 Date of orders: 19 December 2018 Decision date: 19 December 2018 Jurisdiction: Class 1 Before: Gray C Decision: The Court orders that: (1) Leave is granted to the applicant to amend the modification application in accordance with Drawing A7 Proposed Roof Terrace Plan Revision D dated 22 November 2018 and Drawing A11 East Elevation Revision D dated 22 November 2018. (2) The appeal is upheld. (3) The application to modify development consent No 116/2014 by the inclusion of new roof terraces to the approved dual occupancy at 7 Bulga Road, Dover Heights, is granted. (4) Development consent No 116/2014 for the demolition of an existing dual occupancy and the construction of a new dual occupancy at 7 Bulga Road, Dover Heights is now subject to the consolidated, modified conditions of consent at Annexure A. (5) The exhibits are returned, except for exhibits A and 3. Catchwords: APPEAL – modification application – dual occupancy – application for roof terraces – whether visual and aural privacy impacts unreasonable – whether approval would create an undesirable precedent Legislation Cited: Environmental Planning and Assessment Act 1979 Land and Environment Court Act 1979 Local Government Act 1993 Waverley Local Environmental Plan 2012 Cases Cited: Aldi Foods Pty Limited v Holroyd City Council [2004] NSWLEC 253 Alexakis Building Pty Ltd v Waverley Council [2016] NSWLEC 1129 Chiefari v Waverley Council [2017] NSWLEC 1567 Goldin & Anor v Minister for Transport Administering the Ports Corporatisation and Waterways Management Act 1995 [2002] NSWLEC 75 Hunter's Hill Council v Minister for Local Government [2016] NSWLEC 124 Robson v Tweed Council [2000] NSWLEC 170 Stockland Development Pty Ltd v Manly Council [2004] NSWLEC 472 Super Studio v Waverley [2004] NSWLEC 91 Tenacity Consulting v Waringah [2004] NSWLEC 140 Zhang v Canterbury City Council [2001] NSWCA 167 Texts Cited: Waverley Development Control Plan 2012 Waverley Development Control Plan 2012 Amendment No. 5 Waverley Development Control Plan 2012 Amendment No. 6 Category: Principal judgment Parties: Matthew Brown (Applicant) Waverley Council (Respondent) Representation: Counsel: J Reid (Applicant)