Owners Strata Plan 76767 v Waverley Council [2007] NSWLEC 144

Owners Strata Plan 76767 v Waverley Council [2007] NSWLEC 144

The revised balustrading and privacy screen solution reasonably satisfied privacy concerns while mitigating structural issues with the balconies, therefore the s96 modification should be allowed and the s121ZK Order should be varied accordingly.

Parties
Applicant: Owners Strata Plan 76767; Respondent: Waverley Council
Jurisdiction
Australia
Judgment Date
19 March 2007
Procedural Posture
Appeal / Judgment After S34 Conference
Outcome
Appeals allowed in part; orders varied
Legal Topics
Development Application, S96 Modification, Balcony Construction, S121 ZK Order, Privacy Screens, Balustrading Requirements
Environmental Law Planning Law Development Application S96 Modification Balcony Construction S121 ZK Order Privacy Screens Balustrading Requirements

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Parties

Owners Strata Plan 76767

Applicant

Waverley Council

Respondent

Procedural Posture

Appeal / Judgment After S34 Conference

Legal Issues

  1. 1 Whether the s121ZK Order to comply with modified consent conditions was appropriate
  2. 2 Whether the s96 modifications to the balconies should be allowed

Ratio Decidendi

The revised balustrading and privacy screen solution reasonably satisfied privacy concerns while mitigating structural issues with the balconies, therefore the s96 modification should be allowed and the s121ZK Order should be varied accordingly.

Court Disposition

Appeals allowed in part; orders varied

Orders

  • Appeal No 10161 of 2007: The appeal is upheld; Development application No. DA-301/2003 is modified as set in annexure 'A'.
  • Appeal No 10750 of 2006: The appeal pursuant to section 121ZK is upheld in part; the order issued on 31 July 2006 is varied as outlined in the judgment, including compliance with modified condition 3, varied wording, and a 90-day compliance period from 19 March 2007.