Emmanuel Solomovic (formerly Cyril Smith and Associates Pty Ltd) v Waverley Council

[2004] NSWLEC 501

Land and Environment Court

of New South Wales

CITATION:	Emmanuel Solomovic (formerly Cyril Smith & Associates Pty Ltd) v Waverley Council [2004] NSWLEC 501
PARTIES:	APPLICANT Emmanuel Solomovic (formerly Cyril Smith & Associates Pty Ltd) RESPONDENT Waverley Council
FILE NUMBER(S):	10838 of 2000
CORAM:	Hoffman C
KEY ISSUES:	Development Application :- Amendment of Consent Orders granted on 12 April 2002 to reduce the number of units from 19 to 16
LEGISLATION CITED:	Environmental Planning and Assessment Act 1979
CASES CITED:
DATES OF HEARING:	03/08/2004
EX TEMPORE JUDGMENT DATE :	08/03/2004
LEGAL REPRESENTATIVES:	APPLICANT Mr M Staunton, solicitor SOLICITORS Staunton Beattie RESPONDENT Mr S Patterson, solicitor SOLICITORS Wilshire Webb

JUDGMENT:

THE LAND AND
ENVIRONMENT COURT
OF NEW SOUTH WALES

Hoffman C

3 August 2004

10838 of 2000 Emmanuel Solomovic (formerly Cyril Smith & Associates Pty Ltd) v Waverley Council

JUDGMENT

1 This was a s 96 application under the Environmental Planning and Assessment Act to amend an original consent in appeal No. 10838 of 2000 between Emmanuel Solomovic (formerly Cyril Smith & Associates Pty Limited) and Waverley Council.

2 The application was the subject of consent orders before the Court in Exhibit 1 as hand annotated. The application including amended plans were before the Court in Exhibit A. The applicant described the changes which were largely the conversion of six units formerly of two bedroom to three units containing three bedrooms each. There were three more carparks added by column re-spacing, another unit was slightly enlarged and a storeroom and plant room were added. There were no external changes in appearance to the building.

3 Being considered to be minor amendments, council staff dealt with the matter under delegation and decided not to re-notify the amendments and therefore there were no objectors to the proposal.

4 Having had the changes described to the Court and having seen the plans, the Court agrees with the actions of the council staff in not renotifying the amendments and there being no apparent reason to refuse the application, the consent orders are granted.

5 Therefore the orders of the Court by consent are:

1. The appeal is upheld.
2. Development Consent granted by the Court on 12 April 2002 for the construction of 19 residential dwellings, community room, community shop, pool and two levels of carparking at 4-12 Cadigal Place, Dover Heights be modified pursuant to s 96 of the Environmental Planning and Assessment Act 1979 (NSW) by amending the description of the development where it states “19 residential dwellings” to “16 residential dwellings” and by deleting condition 1 and inserting the following condition:
1. Development is to be undertaken in accordance with plans prepared by Urban Architecture Design Pty Ltd, numbered A-O1 to A-31 inclusive (all Rev A) and dated 1 May 2004, except as amended by the following conditions of consent.
3. Exhibits 1 and A are retained on the Court’s file.
4. The Court notes the agreement of the parties to pay their own costs.

___________________
K G Hoffman
Commissioner of the Court
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