Gurr v Waverley Council [2019] NSWLEC 1548

Land and Environment Court New South Wales

Medium Neutral Citation: Gurr v Waverley Council [2019] NSWLEC 1548 Hearing dates: 24-25 October 2019 Date of orders: 13 November 2019 Decision date: 13 November 2019 Jurisdiction: Class 1 Before: Horton C Decision: Proceedings 2018/352509 The Court orders: (1) The appeal is dismissed. (2) Development consent for modification application seeking to modify conditions that formed part of Development Consent No. LD12/1999 is refused. (3) All exhibits are returned, except for Exhibits E, F, 7 and 9.

Proceedings 2019/155188 The Court orders: (1) The appeal is dismissed. (2) Development consent for Development Application DA-448/2018 for works associated with a trafficable roof terrace and glass balustrade is refused. (3) All exhibits are returned, except for Exhibits E, F, 7 and 9. Catchwords: DEVELOPMENT APPEAL – modification of consent – exceedance of height – privacy impacts – view loss Legislation Cited: Environmental Planning and Assessment Act 1979 Land and Environment Court Act 1979 State Environmental Planning Policy No 65 – Design Quality in Residential Apartment Development Waverley Local Environmental Plan 2012 Cases Cited: Initial Action Pty Ltd v Woollahra Municipal Council [2018] NSWLEC 118 Meriton v Sydney City Council (2004) 140 LGERA 144; [2004] NSWLEC 313 Steele v Waverley Council [2018] NSWLEC 1659 Super Studio v Waverley Council (2004) 133 LGERA 363; [2004] NSWLEC 91 Tenacity Consulting v Waringah (2004) 134 LGERA 23; [2004] NSWLEC 140 Texts Cited: Apartment Design Guide Waverley Development Control Plan 2012 (Amendment No. 5) Waverley Development Control Plan 2012 (Amendment No. 6) Category: Principal judgment Parties: Gregory Gurr (Applicant) Waverley Council (Respondent) Representation: Counsel: D Briggs (Solicitor) (Applicant) M Hudson (Solicitor) (Respondent)