All in Project Management Pty Ltd v Waverley Council [2019] NSWLEC 1374

Land and Environment Court New South Wales

Medium Neutral Citation: All in Project Management Pty Ltd v Waverley Council [2019] NSWLEC 1374 Hearing dates: 3 and 4 June 2019 Date of orders: 13 August 2019 Decision date: 13 August 2019 Jurisdiction: Class 1 Before: Bindon AC Decision: The Court orders that: (1) The appeal is dismissed. (2) The exhibits are returned except for Exhibits 1 and A. Catchwords: DEVELOPMENT APPLICATION – rooftop terrace – car stackers – vehicle manoeuvrability – onsite pedestrian safety – site suitability – partial consent Legislation Cited: Environmental Planning and Assessment Act 1979 Waverley Local Environmental Plan 2012 Texts Cited: Waverley Development Control Plan 2012 Category: Principal judgment Parties: All in Project Management Pty Ltd (Applicant) Waverley Council (Respondent) Representation: Counsel: A Pickles (Applicant)

Solicitors: Conomos Legal (Applicant) S Patterson, Wilshire Webb Staunton Beattie (Respondent) File Number(s): 2018/143805

Judgment

Introduction 1. COMMISSIONER: This is an appeal against the deemed refusal by Waverley Council (Council) of Development Application No DA428/2018 (the DA) for land at 16 Military Road North Bondi (site) for demolition of a laundry building, provision of additional parking, including the installation of mechanical car stackers, and associated landscaping; and alterations to an existing residential flat building, including the conversion of a roof area into a communal roof terrace.