Alex Roth Trading as Roth Design and Project Management v Waverley Council [2006] NSWLEC 208

Land and Environment Court of New South Wales

CITATION : Alex Roth Trading as Roth Design and Project Management v Waverley Council [2006] NSWLEC 208

APPLICANT Alex Roth Trading as Roth Design and Project Management PARTIES : RESPONDENT Waverley Council

FILE NUMBER(S) : 11496 of 2005

CORAM: Hoffman C

KEY ISSUES: Appeal :- Heritage item, addition of 2nd storey and a 2nd two storey house and subdivision of property, internal alterations, demolition of rear section of heritage house, demolition of original garage and driveway, heritage significance of item, and its setting, streetscape, privacy, overshadowing, minimum setbacks for detached dwellings

Environmental Planning and Assessment Act 1979 LEGISLATION CITED: Waverley Local Environmental Plan 1996 Waverley Development Control Plan No. 2 - Dwelling House and Dual Occupancy Development

DATES OF HEARING: 09-10/03/2006 and 13/03/2006

DATE OF JUDGMENT: 05/02/2006

APPLICANT Mr J Doyle, barrister Instructed by: Ms A Kiely Of: Cowley Hearne LEGAL REPRESENTATIVES:

RESPONDENT Mr S Patterson, solicitor SOLICITORS Wilshire Webb

JUDGMENT: THE LAND AND ENVIRONMENT COURT OF NEW SOUTH WALES

Hoffman C

2 May 2006

11496 of 2005 Alex Roth Trading as Roth Design and Project Management v Waverley Council

JUDGMENT 1 This is a class one appeal No. 11496 of 2005 between Alex Roth trading as Roth Design and Project Management v Waverley Council in regard to the deemed refusal of consent for additions and alterations to a heritage item house and the erection of a second two storey house on the same property at No. 249 Birrell Street, Bondi. The proposal includes the subdivision of the land under Torrens Title to give each house a separate block. 2 The locality is zoned Residential 2(a) Low Density under the Waverley Local Environmental Plan 1996. There are a number of three storey walk-up flats dating from perhaps the 1960's or 1970's, but the majority of properties are detached dwellings of Edwardian, Queen Anne and Late Victorian, Federation and Californian bungalow styles. Adjoining and adjacent property on the west are No. 245 and 247 and on the east No. 251 Birrell Street. All are single storey Federation style houses some with alterations and additions. No. 253 is a three storey block of flats. 3 At the rear of the subject property is No. 70 Belgrave Street, a single storey house and at No. 68 a two storey brick house. 4 Number 247 Birrell Street has one wall of its living room on the west boundary of the property. The eave has been cut back to avoid any overhang. 5 Number 249 comprises two existing lots. Lot 3 DP 455105 is a narrow lot 4.95 m wide that runs the length of the property alongside No. 247. It contains the existing front fence, the brick driveway and the brick garage. Near the rear corner, according to the neighbour in No. 68 Belgrave Street, a wine press was installed in the 1950's. There are a number of fruit trees across the rear of the property on both allotments.