Cheng v Waverley Council

Land and Environment Court New South Wales Medium Neutral Citation: Cheng v Waverley Council [2016] NSWLEC 1289 Hearing dates:20 June 2016Date of orders: 12 July 2016 Decision date: 30 June 2016 Jurisdiction:Class 1Before: Pearson C Decision: See paragraph [41] Catchwords: DEVELOPMENT MODIFICATION: Demolition of existing dwelling and construction of new dwelling – Height – Setbacks – Amenity impacts – Impacts on views Legislation Cited: Environmental Planning and Assessment Act 1979 Land and Environment Court Act 1979 Waverley Local Environmental Plan 2012 Cases Cited: Tenacity Consulting v Warringah [2004] NSWLEC 140 Category:Principal judgmentParties: Cheng Cheng (Applicant) Waverley Council (Respondent) Representation: Counsel: Ms N Hammond (Applicant)   Solicitors: Mr H Lu, Luminous Legal (Applicant) Ms E Whitney, Wilshire Webb Staunton Beattie Lawyers (Respondent) File Number(s):2016/154117 (Formerly 10210 of 2016)Publication restriction:NoJudgment On 25 November 2015 the Waverley Development Assessment Panel, as delegate of the respondent Council, granted development consent for the demolition of an existing dwelling and construction of a new part two, part three storey dwelling and swimming pool at 35 Portland Street Dover Heights (the site). Development Consent No 252/2015 was subject to conditions, including Condition A.2, which required the following design changes: The proposal shall be amended as follows:(a) To comply with the objectives of the Waverley DCP 2012, and to preserve city views of the adjoining premises to the east, the overall height of the development is to be lowered to Reduced Level RL71.3 (AHD).(b) To comply with the objectives of the Waverley DCP 2012, both (north and south) side...