Casa Maria Pty Limited v Waverley Council [2009] NSWLEC 1374

Casa Maria Pty Limited v Waverley Council [2009] NSWLEC 1374

The Court accepted the council planner's assessment that the proposed s96 modifications were minor, would not materially increase the bulk of the approved development, and would not cause adverse amenity impacts, including privacy impacts. With the additional condition requiring opaque glass balustrading on specified elevations, the Court was satisfied that the consent orders could be granted.

Jurisdiction
Australia
Judgment Date
30 October 2009
Procedural Posture
Appeal Against Deemed Refusal of an Application Under S96 of the Environmental Planning and Assessment Act 1979 to Modify Development Consent / Ex Tempore Judgment on Consent Orders
Outcome
Appeal upheld; consent granted to the Section 96 Modification Application dated 28 July 2009 subject to conditions in Annexure A. The Court noted the parties' agreement that there be no order as to costs.
Legal Topics
['development Consent Modification' 'consent Orders' 'residential Amenity' 'privacy Impacts' 'bulk and Scale' 'glass Balustrading' 'louvres']
['environmental Planning and Development Law'] ['development Consent Modification' 'consent Orders' 'residential Amenity' 'privacy Impacts' 'bulk and Scale' 'glass Balustrading' 'louvres']

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Procedural Posture

Appeal Against Deemed Refusal of an Application Under S96 of the Environmental Planning and Assessment Act 1979 to Modify Development Consent / Ex Tempore Judgment on Consent Orders

Legal Issues

  1. 1 ['Whether consent orders should be made granting a s96 modification application for minor alterations and additions to the approved mixed residential/commercial development at 40 Hall Street, Bondi.' 'Whether the proposed modifications would materially increase bulk or cause adverse amenity impacts, including privacy impacts.']

Ratio Decidendi

The Court accepted the council planner's assessment that the proposed s96 modifications were minor, would not materially increase the bulk of the approved development, and would not cause adverse amenity impacts, including privacy impacts. With the additional condition requiring opaque glass balustrading on specified elevations, the Court was satisfied that the consent orders could be granted.

Court Disposition

Appeal upheld; consent granted to the Section 96 Modification Application dated 28 July 2009 subject to conditions in Annexure A. The Court noted the parties' agreement that there be no order as to costs.

Orders

  • ['Appeal is upheld.' 'Consent is granted to Section 96 Modification Application dated 28 July 2009 seeking to modify development consent No 577/2006 for minor alterations and additions to the approved mixed residential/commercial development at 40 Hall Street Bondi subject to the conditions as set out in Annexure...