5 Bulga Road Pty Ltd v Waverley Council

Land and Environment Court New South Wales Medium Neutral Citation: 5 Bulga Road Pty Ltd v Waverley Council [2015] NSWLEC 1037 Hearing dates:18 February 2015Date of orders: 10 March 2015 Decision date: 10 March 2015 Jurisdiction:Class 1Before: Hussey AC Decision: The Court orders that:(1) The appeal is upheld.(2) Development consent is granted to DA 364/2014 for the demolition of the existing residential flat building at 5 Bulga Road, Dover Heights and the construction of a 4 storey residential flat building containing 6 units with basement parking subject to the conditions in Attachment A.(3) Pursuant to s97B the Applicant is to pay the costs of the Respondent thrown away as a result of amending the development application as agreed in the amount of $14,000 within 7 days.(4) The exhibits be returned except for 1, 3, 4, A, B, and F. Catchwords: Development Application: Residential Flat Building, existing use rights, overdevelopment, view impacts, amenity impacts, parking and traffic. Legislation Cited: E P & A Act 1919 SEPP 65 – Design Quality of Residential Flat Development Waverley LEP 2012 Waverly DCP 2012 Cases Cited: Stromness Pty Limited v Woollahra Municipal Council [2006] NSWLEC 587 Category:Principal judgmentParties: 5 Bulga Road Pty Ltd (Applicant) Waverley Council (Respondent) Representation: Counsel: Mr I Hemmings SC (Applicant) Mr M Staunton (Respondent)   Solicitors: Reid & Vesely (Applicant) Wilshire Webb Staunton Beattie Lawyers (Respondent) File Number(s):10811 of 2014JudgmentBackground: This appeal was lodged against council’s refusal of a development application for the demolition of an existing residential flat building (RFB) and...