Spence v Waverley Council [2021] NSWLEC 1214

Land and Environment Court New South Wales

Medium Neutral Citation: Spence v Waverley Council [2021] NSWLEC 1214 Hearing dates: 30-31 March 2021 Date of orders: 30 April 2021 Decision date: 30 April 2021 Jurisdiction: Class 1 Before: Bradbury AC Decision: The Court Orders: 1. The appeal is dismissed. 2. Development Application No. DA-167/2020 for the partial demolition of the side fence and the construction of a hardstand car space, driveway and sliding timber gate to the rear of 75 Newland Street Bondi Junction is refused. 3. The exhibits are returned with the exception of Exhibits 4, 6, A and H. Catchwords: APPEAL – development application – driveway and car parking space – unacceptable impact on streetscape – heritage – appeal dismissed Legislation Cited: Environmental Planning and Assessment Act 1979 s 4.15 Land and Environment Court Act 1979 s 34AA Waverley Local Environmental Plan 2012 cll 2.3, 5.10 Width of Public Streets and Lanes Act 1881 Cases Cited: Donnellan v Armidale Regional Council [2018] NSWLEC 1372 Goldin & Anor v Minister for Transport Administering the Ports Corporatisation and Waterways Management Act 1995 (2002) 121 LGERA 101; [2002] NSWLEC 75 Zhang v Canterbury City Council (2001) 115 LGERA 373; [2001] NSWCA 167 Texts Cited: Australian/New Zealand Standard AS/NZS 2890.1:2004 Off Street Car parking Waverley Council, - Waverley's People, Movement and Places: Where We Go and How We Get There: Final Summary (2017) Waverley Development Control Plan 2012 (Amendment No.8) Category: Principal judgment Parties: Edwina Spence (Applicant) Waverley Council (Respondent) Representation: Counsel: P Holland (Solicitor) (Applicant) C Rose (Solicitor) (Respondent)