Del-Ben v Waverley Council [2013] NSWLEC 1245

Del-Ben v Waverley Council [2013] NSWLEC 1245

The appeal is upheld and modification approved because the amended plans satisfy relevant objectives for bulk, height, FSR, streetscape, view loss, precedent, and public interest with only minor, acceptable impacts; proposed conditions further mitigate privacy concerns.

Parties
Applicant: Makedonka Del-Ben; Respondent: Waverley Council
Jurisdiction
Australia
Judgment Date
20 December 2013
Procedural Posture
Appeal Against Refusal of Modification Application Under S 96(6) EPA Act / Hearing Following Terminated Conciliation
Outcome
Appeal upheld; modification application approved subject to conditions and filing of amended plans.
Legal Topics
Modification of Development Consent, Impacts on Privacy and Views, FSR and Height Controls, Streetscape, View Sharing, Public Interest, Precedent
Planning and Environment Modification of Development Consent Impacts on Privacy and Views FSR and Height Controls Streetscape View Sharing Public Interest Precedent

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Parties

Makedonka Del-Ben

Applicant

Waverley Council

Respondent

Procedural Posture

Appeal Against Refusal of Modification Application Under S 96(6) EPA Act / Hearing Following Terminated Conciliation

Legal Issues

  1. 1 Whether the amended modification application should be approved, given impacts on bulk, scale, privacy, views, compliance with FSR and height controls, streetscape, precedent, and public interest

Ratio Decidendi

The appeal is upheld and modification approved because the amended plans satisfy relevant objectives for bulk, height, FSR, streetscape, view loss, precedent, and public interest with only minor, acceptable impacts; proposed conditions further mitigate privacy concerns.

Court Disposition

Appeal upheld; modification application approved subject to conditions and filing of amended plans.

Orders

  • Parties to file and serve amended plans and agreed conditions promptly.
  • Electronic version of conditions to be forwarded to Court for Final Orders.