Super Studio v Waverley [2004] NSWLEC 91

Land and Environment Court of New South Wales

CITATION : Super Studio v Waverley [2004] NSWLEC 91 The Super Studio/Eva Marie Prineas Applicant PARTIES : Waverley Council Respondent FILE NUMBER(S) : 10004 of 2004 CORAM: Roseth SC KEY ISSUES: Development Application :- s96 application value of precedent LEGISLATION CITED: CASES CITED: DATES OF HEARING: 03/03/2004 DATE OF JUDGMENT: 03/16/2004

Mr A Pickles, barrister LEGAL REPRESENTATIVES: Mr M Staunton, solicitor

JUDGMENT: - IN THE LAND AND ENVIRONMENT COURT OF NEW SOUTH WALES 10004 of 2004 Roseth SC 16 March 2004 The Super Studio/Eva-Marie Prineas Applicant

v Waverley Council Respondent Judgment

The application 1 This is an appeal against the deemed refusal by Waverley Council (the council) of an application under s96 of the Environmental Planning and Assessment Act 1979 to amend development consent 156/01 by varying certain windows and adding a new roof terrace, plunge pool and privacy screen. The council has no objection to the variation of windows and the plunge pool. It objects to the new roof terrace and privacy screen. 2 The address of the property is 441 Bronte Road, Bronte. It is the eastern half of a semi-detached pair of dwellings that have been designed and are being constructed in unison. However, the s96 application for the roof terrace is only for the eastern half. The terrace is on a flat section of the roof. There is a similar flat roof on the western half of the pair, though there is no proposal for a roof terrace on it. An external flight of stairs leads to the roof terrace. The terrace has a planting bed around the trafficable part, so as to reduce overlooking. Planting is proposed to 1m high.