Giannaki v Waverley Council (No 2) [2010] NSWLEC 1284

Giannaki v Waverley Council (No 2) [2010] NSWLEC 1284

Because the geotechnical experts produced an agreed version of condition 15 that addressed the applicants' concerns and was acceptable to the second respondent, and the parties agreed to additional conditions 25, 26 and 27, the Court upheld the appeal in part and approved the s96AA modification application subject to the modified conditions in Annexure A.

Jurisdiction
Australia
Judgment Date
18 October 2010
Procedural Posture
Appeal Against Approval of a S 96 AA Modification Application for a Mixed Use Commercial/residential Development / Ex Tempore Judgment and Consent Orders
Outcome
Appeal upheld in part; s96AA modification application approved subject to modified conditions.
Legal Topics
['modification of Development Consent' 'geotechnical Stability' 'excavation and Shoring Works' 'conditions of Consent' 'access Requirements']
['planning and Environment Law' 'development Consent Modification'] ['modification of Development Consent' 'geotechnical Stability' 'excavation and Shoring Works' 'conditions of Consent' 'access Requirements']

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Procedural Posture

Appeal Against Approval of a S 96 AA Modification Application for a Mixed Use Commercial/residential Development / Ex Tempore Judgment and Consent Orders

Legal Issues

  1. 1 ['Whether the modification application for additional works, including additional excavation for a deepened light well, should be approved.' 'Whether geotechnical risks to the adjoining property at 47 Fletcher Street Tamarama could be addressed by conditions.' 'Whether condition 15 should be amended to require further geotechnical reporting and safeguards before excavation works.']

Ratio Decidendi

Because the geotechnical experts produced an agreed version of condition 15 that addressed the applicants' concerns and was acceptable to the second respondent, and the parties agreed to additional conditions 25, 26 and 27, the Court upheld the appeal in part and approved the s96AA modification application subject to the modified conditions in Annexure A.

Court Disposition

Appeal upheld in part; s96AA modification application approved subject to modified conditions.

Orders

  • ['Appeal upheld, in part.' 'The s96AA application, as amended to modify development consent 201/07, for the demolition of existing building and the construction of a mixed use commercial/residential development with basement car parking at 49-51 Fletcher Street Tamarama is approved subject to the modified conditions...