Pointer Properties Pty Limited v Waverley Council [2008] NSWLEC 1317

Pointer Properties Pty Limited v Waverley Council [2008] NSWLEC 1317

Given the proximity and quality of public open space such as Bronte Park and adequate private open space in the new configuration, the loss of communal open space within the building does not result in unacceptable amenity impacts; amended application for a one-bedroom unit addresses amenity concerns.

Parties
Applicant: Pointer Properties Pty Limited; Respondent: Waverley Council
Jurisdiction
Australia
Judgment Date
10 July 2008
Procedural Posture
Appeal / Judgment After Conciliation Conference
Outcome
appeal upheld
Legal Topics
Development Application, Existing Use Rights, Loss of Communal Open Space
Planning and Environment Development Application Existing Use Rights Loss of Communal Open Space

Case Brief

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Parties

Pointer Properties Pty Limited

Applicant

Waverley Council

Respondent

Procedural Posture

Appeal / Judgment After Conciliation Conference

Legal Issues

  1. 1 loss of communal facilities including laundry, toilet, storage areas, communal open space and drying area
  2. 2 amenity of proposed new unit including ceiling heights and unit size

Ratio Decidendi

Given the proximity and quality of public open space such as Bronte Park and adequate private open space in the new configuration, the loss of communal open space within the building does not result in unacceptable amenity impacts; amended application for a one-bedroom unit addresses amenity concerns.

Court Disposition

appeal upheld

Orders

  • The appeal is upheld.
  • Development application DA0 590/2007 for the construction of a one-bedroom unit is approved subject to conditions in Annexure A.