Molnar v Waverley Council [2005] NSWLEC 75

Land and Environment Court of New South Wales

CITATION : Molnar v Waverley Council [2005] NSWLEC 75

APPLICANT Robert Balazs Molnar PARTIES : RESPONDENT Waverley Council

FILE NUMBER(S) : 11481 of 2004

CORAM: Murrell C

KEY ISSUES: Development Application :- Alterations and extensions to dwelling - over-shadowing - bulk - costs

Waverley Local Environmental Plan 1996 LEGISLATION CITED: Development Control Plan No. 2

DATES OF HEARING: 17/02/2005 EX TEMPORE JUDGMENT DATE : 02/17/2005

APPLICANT Mr Molnar, self represented litigant

LEGAL REPRESENTATIVES: RESPONDENT Mr M Staunton, solicitor SOLICITORS Staunton Beattie

JUDGMENT: THE LAND AND ENVIRONMENT COURT OF NEW SOUTH WALES

Murrell C

17 February 2005

11481 of 2004 Robert Balazs Molnar v Waverley Council

JUDGMENT

1. This is an appeal against the refusal of Waverley Council's development application for the property known as 45 Kenilworth Street, Bondi Junction. The proposal incorporates: an upper floor extension, enlargement of the dwelling to provide for 3 bedrooms; and a courtyard within the buildings.

2. Currently on the site there is a recently constructed garage with a studio above and this has been incorporated in the calculation of the floor space ratio.

3. The council originally refused the development application on the basis that it considered it represented an overdevelopment of the site and it was not in keeping with the heritage conservation area as provided for in its local environmental plan and development control plan.