Wainidiva Pty Ltd v Waverley Council [2021] NSWLEC 1615

Wainidiva Pty Ltd v Waverley Council [2021] NSWLEC 1615

Consent should be granted to the proposed boarding house development, including the demolition of three existing dwellings within the heritage conservation area and a 1m variation to the height standard, because the applicant's written request to vary the height standard is well founded, the dwellings are not contributory items, the design is compatible with the character of the local area and HCA, and planning concerns (including waste, parking, privacy, and amenity) are either satisfactorily addressed or capable of condition management.

Jurisdiction
Australia
Judgment Date
15 October 2021
Procedural Posture
Class 1 Development Appeal / Final Determination With Directions for Finalising Conditions of Consent
Outcome
Appeal allowed subject to finalisation of conditions.
Legal Topics
['development Application for Boarding House' 'variation of Height Development Standard' 'heritage Conservation Area' 'demolition of Dwellings' 'design Compatibility With Local Character' 'waste Management Compliance' 'land and Environment Court Process']
['environmental Law' 'planning Law' 'heritage Law' 'administrative Law'] ['development Application for Boarding House' 'variation of Height Development Standard' 'heritage Conservation Area' 'demolition of Dwellings' 'design Compatibility With Local Character' 'waste Management Compliance' 'land and Environment Court Process']

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Procedural Posture

Class 1 Development Appeal / Final Determination With Directions for Finalising Conditions of Consent

Legal Issues

  1. 1 ['Whether the proposed boarding house development should be granted consent, including a variation to the height of buildings development standard under Waverley LEP cl 4.3/cl 4.6; Whether the demolition of three existing dwellings within a heritage conservation area is acceptable; Whether the proposed development is compatible with the character of the local area and heritage conservation area; Whether the design and operation of the development satisfies planning and amenity requirements (including parking, waste, privacy, noise, and solar access)']

Ratio Decidendi

Consent should be granted to the proposed boarding house development, including the demolition of three existing dwellings within the heritage conservation area and a 1m variation to the height standard, because the applicant's written request to vary the height standard is well founded, the dwellings are not contributory items, the design is compatible with the character of the local area and HCA, and planning concerns (including waste, parking, privacy, and amenity) are either satisfactorily addressed or capable of condition management.

Court Disposition

Appeal allowed subject to finalisation of conditions.

Orders

  • ['Applicant to amend plans as per judgment by 22 October 2021;' 'Respondent to lodge amended DA on planning portal;' 'Applicant to file copy of amended DA;' 'Parties to file final agreed conditions of consent by 29 October 2021;' 'Matter listed for mention 1 November 2021 unless final orders made on papers;'...