GLW Pty Ltd v Waverley Council

Land and Environment Court

New South Wales

Case Title:	GLW Pty Ltd v Waverley Council
Medium Neutral Citation:	[2011] NSWLEC 1153
Hearing Date(s):	14 April 2011
Decision Date:	15 April 2011
Jurisdiction:	Class 1
Before:	Pearson C
Decision:	Appeal dismissed
Catchwords:	Development modification - garage - impact on streetscape - consistency with planning controls - whether two car spaces required
Legislation Cited:	Environmental Planning and Assessment Act 1979 Land and Environment Court Act 1979 Civil Procedure Act 2005
Cases Cited:	Zhang v Canterbury City Council (2001) 115 LGERA 373
Texts Cited:
Category:	Principal judgment
Parties:	GLW Pty Ltd (Applicant) Waverley Council (Respondent)
Representation
- Counsel:
- Solicitors:	Solicitors B Hones (Applicant) S Patterson (Respondent)
File number(s):	10109 of 2011
Publication Restriction:

Judgment

This determination was given extemporaneously and has been edited prior to publication

1. COMMISSIONER: This is an appeal under s 96(6) of the Environmental Planning and Assessment Act 1979 (the Act) against the refusal by Waverley Council of an application to modify development consent DA 203/2010 granted for the demolition of a dwelling house and the erection of a two-storey, four bedroom dwelling house with garage and pool for Lot 11 DP 386, 3 Campbell Street Waverley (the site).

1. The appeal was lodged on 11 February 2011. The matter was set down for a conciliation conference to be conducted under s 34AA of the Land and Environment Court Act 1979 (the Court Act), which commenced on 7 February 2011. Section 34AA modifies the application of the provisions of s34 of the Court Act for proceedings pending in Class 1 of the Court's jurisdiction relating to appeals, objections and applications under ss 97 and 97AA of the Environmental Planning and Assessment Act 1979 . Section 97AA, which now provides for appeals by an applicant dissatisfied with a council's determination of a s 96 modification application, commenced on 28 February 2011. This being an appeal pursuant to s 96(6) of the Act lodged before the commencement of s 97AA, and there being no applicable savings or transitional provisions which would enable the matter to be dealt with under s 34AA of the Court Act, the matter has proceeded in accordance with the provisions of s 34 of the Court Act .

1. The parties were unable to reach agreement and the conciliation conference was terminated. The parties consented under s 34(4)(b) of the Court Act to my disposing of the proceedings, and consented pursuant to s 34(12) of the Court Act to evidence from the site view forming part of the evidence in the proceedings.

1. The appeal to the Court was lodged in the name of "3 Campbell Street Pty Ltd", which is the owner of the property. The application made to the respondent for modification of the development consent was made in the name of GLW Group Pty Ltd with the written consent of 3 Campbell Street Pty Ltd as owner. The applicant's representative advises that 3 Campbell Street Pty Ltd and GLW Group Pty Ltd have a common director. On…