Alexakis Building Pty Ltd v Waverley Council

Land and Environment Court New South Wales Medium Neutral Citation: Alexakis Building Pty Ltd v Waverley Council [2016] NSWLEC 1129 Hearing dates:4-5 April 2016Date of orders: 08 April 2016 Decision date: 08 April 2016 Jurisdiction:Class 1Before: O’Neill C Decision: 1. By consent, the appeal is upheld.2. Modification Application No. DA 344/2014/A to add a roof top terrace to an approved three storey dwelling is approved, subject to the consolidated conditions of consent at Annexure “A”.3. The exhibits, other than exhibits 2 and F, are returned. Catchwords: MODIFICATION APPLICATION: consent orders; roof top terrace; impact on views and privacy; height. Cases Cited: Bettar v Council of the City of Sydney [2014] NSWLEC 1070 Category:Principal judgmentParties: Alexakis Building Pty Ltd (Applicant) Waverley Council (Respondent) Representation: Counsel: Ms J. Reid barrister (Applicant) Mr S. Patterson solicitor (Respondent)   Solicitors: Hartley Solicitors (Applicant) Wilshire Webb Staunton Beattie Lawyers (Respondent) File Number(s):11197 of 2015Judgment COMMISSIONER: This is an appeal pursuant to the provisions of s 97AA of the Environmental Planning and Assessment Act 1979 (EPA Act) against the refusal of Modification Application No. DA-344/2014/A to modify development consent DA-344/2014 (approving the construction of a three storey dwelling over basement parking and granted on 14 January 2015) to add a roof top terrace and access stair under a sliding skylight (the proposal), at 11 Loombah Road, Dover Heights (the site) by Waverley Council (the Council). The appeal was subject to mandatory conciliation on 4 April 2016 in accordance with the provisions of s 34AA of the Land...