Raissis v Waverley Council [2017] NSWLEC 1519

Raissis v Waverley Council [2017] NSWLEC 1519

The Court upheld the appeal because, having considered the site, surrounds, existing approval, proposed modifications, the Design Review Panel comments and the expert evidence, the Commissioner was satisfied that the modification application did not change the approved development in any meaningful way, the additional floor area was not overly visible from any location, the limited reduced side setback had little if any effect on the adjoining property or streetscape, and the form of the modified building was acceptable in its context.

Jurisdiction
Australia
Judgment Date
05 September 2017
Procedural Posture
Class 1 Appeal Against the Deemed Refusal of Modification Application No Da528/2015/a to Modify Development Consent No. Da528/2015 / Principal Judgment
Outcome
Appeal upheld; modification application approved subject to conditions in Annexure A.
Legal Topics
['modification Application' 'residential Flat Building' 'floor Space Ratio' 'setbacks' 'landscaped Area' 'state Environmental Planning Policy No. 65' 'waverley Local Environmental Plan 2012' 'waverley Development Control Plan 2012']
['environmental Law' 'planning Law'] ['modification Application' 'residential Flat Building' 'floor Space Ratio' 'setbacks' 'landscaped Area' 'state Environmental Planning Policy No. 65' 'waverley Local Environmental Plan 2012' 'waverley Development Control Plan 2012']

Case Brief

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Procedural Posture

Class 1 Appeal Against the Deemed Refusal of Modification Application No Da528/2015/a to Modify Development Consent No. Da528/2015 / Principal Judgment

Legal Issues

  1. 1 ['Whether modification application No DA528/2015/A should be approved despite proposed variations to floor space ratio, side setback and landscaped area controls.' 'Whether the proposed reconfiguration of the lower ground floor to add an additional unit and associated changes would be acceptable in the context of the site and surrounding locality.' 'Whether the proposed modified building would have unacceptable impacts on adjoining property, streetscape, landscaping, parking, amenity, overshadowing, tree loss, excavation, waste storage or information adequacy.']

Ratio Decidendi

The Court upheld the appeal because, having considered the site, surrounds, existing approval, proposed modifications, the Design Review Panel comments and the expert evidence, the Commissioner was satisfied that the modification application did not change the approved development in any meaningful way, the additional floor area was not overly visible from any location, the limited reduced side setback had little if any effect on the adjoining property or streetscape, and the form of the modified building was acceptable in its context.

Court Disposition

Appeal upheld; modification application approved subject to conditions in Annexure A.

Orders

  • ['The appeal is upheld.' 'Modification application No DA528/2015/A to modify the development consent for a residential flat building at 15 Park Parade, Bondi is approved subject to the conditions in Annexure A.' 'The exhibits, with the exception of exhibits 3, A and B are returned.']