Moses v Waverley Council [2009] NSWLEC 1369

Moses v Waverley Council [2009] NSWLEC 1369

The amended plans satisfactorily address the council's concerns regarding visual impact; the SEPP 1 objection is upheld and conditional consent may be granted as the sole issue in dispute has been resolved.

Parties
Applicant: Michael Moses; Respondent: Waverley Council
Jurisdiction
Australia
Judgment Date
13 November 2009
Procedural Posture
Development Appeal / Final Judgment
Outcome
appeal upheld; conditional development consent granted
Legal Topics
Development Application, Floor Space Ratio, Building Height, Visual Impact, Consent Orders
Environmental Law Planning Law Development Application Floor Space Ratio Building Height Visual Impact Consent Orders

Case Brief

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Parties

Michael Moses

Applicant

Waverley Council

Respondent

Procedural Posture

Development Appeal / Final Judgment

Legal Issues

  1. 1 Whether consent should be granted for two additional studio apartments on the rooftop of the building
  2. 2 Whether the proposed development's bulk and scale are appropriate having regard to the LEP provisions and visual impact

Ratio Decidendi

The amended plans satisfactorily address the council's concerns regarding visual impact; the SEPP 1 objection is upheld and conditional consent may be granted as the sole issue in dispute has been resolved.

Court Disposition

appeal upheld; conditional development consent granted

Orders

  • The appeal is upheld.
  • Development application 265/2009 for two additional studio apartments on the rooftop of the existing mixed-use building at 181 Glenayr Ave, Bondi Beach is approved subject to the conditions in Annexure A.