144 Hewlett Pty Ltd v Waverley Council [2005] NSWLEC 495

Land and Environment Court of New South Wales

CITATION : 144 Hewlett Pty Ltd v Waverley Council [2005] NSWLEC 495

APPLICANT 144 Hewlett Pty Ltd PARTIES : RESPONDENT Waverley Council

FILE NUMBER(S) : 10261 of 2005

CORAM: Hussey C

KEY ISSUES: Appeal :- Section 96 modification application - development for 2-semi-detached dwellings - stretscape - views

Waverley Local Environmental Plan 1996 Development Control Plan No. 2 - Dwelling Houses, LEGISLATION CITED: Development Control Plan No. 14 - Bicycle and Car Parking, Development Control Plan No. 29 - Advertising and Notification of Development Applications.

DATES OF HEARING: 30/06/2005 and 16/08/2005 EX TEMPORE JUDGMENT DATE : 08/16/2005

APPLICANT Ms M-L Taylor, solicitor SOLICITORS Norman Waterhouse LEGAL REPRESENTATIVES: RESPONDENT Mr M Staunton, solicitor SOLICITORS Staunton Beattie

JUDGMENT: THE LAND AND ENVIRONMENT COURT OF NEW SOUTH WALES

Hussey C

16 August 2005

10261 of 2005 144 Hewlett Pty Ltd v Waverley Council

JUDGMENT

Background 1 This appeal was lodged against council's refusal to s 96 modification application to an approved development for 2 semi-detached dwellings at 144 Hewlett Street, Bronte.

2 The application has been the subject of a number of changes since the development consent was first granted and the modifications now sought involve: + the shared driveway; and basement to be replaced by individual driveways and basements to each dwelling; + an increase in the length of the first floor, street balcony from 1.5 to 2 m on dwelling 1; + an extension of the ground and first floor of the rear dwelling 2 (east) by approximately 1 m; + other matters such as changes to windows and additional excavated area in the basement. 3 For the assessment of the s 96 modification the parties agreed to Mr G Goodyer being the Court-appointed expert for planning and he prepared a detailed report which identified a number of aspects which he was dissatisfied with.