NSW Caselaw
Land and Environment Court of New South Wales
CITATION : Benscher v Waverley C [2005] NSWLEC 432
APPLICANT Amanda Benscher
PARTIES : RESPONDENT Waverley Council
FILE NUMBER(S) : 10522 and 10523 of 2005
CORAM: Hoffman C
KEY ISSUES: Appeal :- Alterations and additions for a single storey house - carport and front fence - streetscape - overshadowing - height - bulk and scale - privacy issues.
Environmental Planning and Assessment Act 1979 Waverley Local Environmental Plan 1996 LEGISLATION CITED: Waverley Development Control Plan No. 2 - Dwellilng Houses Waverley Development Control Plan No. 14 - Land Use & Transport
DATES OF HEARING: 5/08/05 EX TEMPORE JUDGMENT DATE : 08/05/2005
APPLICANT Mr M. Fraser, solicitor of Fraser Clancy Lawyers
LEGAL REPRESENTATIVES:
RESPONDENT Mr G. Hartley, solicitor of Staunton Beattie
JUDGMENT: THE LAND AND ENVIRONMENT COURT OF NEW SOUTH WALES
Hoffman C
5 August 2005
10522 of 2005 and Amanda Benscher – Waverley 10523 of 2005 Council
JUDGMENT 1 This is two Class 1 Appeals, No. 10522 and 10523 of 2005, between Amanda Benscher and Waverley Council, in regard to Conditions of Consent for alterations and additions to a single storey house No. 40 Plowman Street, North Bondi. 2 Appeal 10522 was for alterations with no second storey addition. Relevant to this appeal was condition 2 of the consent requiring the front fence and returns within the front setbacks to be lowered to 1.5 m high piers and 1.3 m high infill between the piers. Applicant wanted 1.8 m high fences. 3 Appeal 10523 was for a second storey addition to the house and of relevance to this appeal was conditions 2(a)(b)(c) and (d). Condition 2(e) was conceded to the satisfaction to both parties that it been reworded to require frosted glass to 1.5 m high above the floor to windows W2.3 and W2.5 on the south elevation. Plan elevations in Appeal 10523 showed the front fence lowered to comply with the condition of Appeal 10522 but the applicant sought the 1.8 m high fence in both appeals.
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