Pan Pacific Property Group Pty Ltd v Waverley Council (No 3) [2010] NSWLEC 1206

Pan Pacific Property Group Pty Ltd v Waverley Council (No 3) [2010] NSWLEC 1206

The proposed modification to create eight one-bedroom units and introduce a fully independent upper level unit does not warrant departure from DCP controls on apartment mix and attic level dwellings. The evidence did not demonstrate that strict compliance with the controls was unreasonable or unnecessary in the circumstances. The social objectives of the DCP for diverse household types would not be met by the proposal, nor was minimisation of attic level impacts demonstrated. Therefore, the modification application should be refused.

Parties
Applicant: Pan Pacific Property Group Pty Ltd; Respondent: Waverley Council
Jurisdiction
Australia
Judgment Date
28 June 2010
Procedural Posture
Application to Modify Development Consent (appeal) / Post Hearing, Ex Tempore Judgment
Outcome
Appeal dismissed, application to modify development consent refused.
Legal Topics
Development Consent Modification, Development Control Plans, Apartment Mix Requirements, Attic Levels and Roof Design
Environmental Law Planning Law Development Consent Modification Development Control Plans Apartment Mix Requirements Attic Levels and Roof Design

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 3 Authorities cited 9 Party arguments 2
Sign in to unlock

Parties

Pan Pacific Property Group Pty Ltd

Applicant

Waverley Council

Respondent

Procedural Posture

Application to Modify Development Consent (appeal) / Post Hearing, Ex Tempore Judgment

Legal Issues

  1. 1 Whether the application satisfies s 96(2)(a) Environmental Planning and Assessment Act 1979 (substantially the same development)
  2. 2 Whether the proposed modification should be approved in light of relevant Development Control Plan controls relating to apartment mix and roof/attic design
  3. 3 Whether the proposed modification's departure from DCP controls is justified

Ratio Decidendi

The proposed modification to create eight one-bedroom units and introduce a fully independent upper level unit does not warrant departure from DCP controls on apartment mix and attic level dwellings. The evidence did not demonstrate that strict compliance with the controls was unreasonable or unnecessary in the circumstances. The social objectives of the DCP for diverse household types would not be met by the proposal, nor was minimisation of attic level impacts demonstrated. Therefore, the modification application should be refused.

Court Disposition

Appeal dismissed, application to modify development consent refused.

Orders

  • The appeal is dismissed.
  • The application to modify the development consent granted by the Court on 19 March 2010 for DA113/2009 for 30A Hastings Parade, Bondi is refused.