NSW Caselaw
Land and Environment Court of New South Wales
CITATION : Mark Gerstl & Associates Pty Ltd v Waverley Council [2004] NSWLEC 633 APPLICANT Mark Gerstl & Associates Pty Ltd PARTIES : RESPONDENT Waverley Council FILE NUMBER(S) : 10935 of 2004 CORAM: Bly C KEY ISSUES: Development Application :- Alterations and Additions - two storey dual occupancy - height and floorspace ratio - bulk & scale - street character - balconies.
Waverley Local Environmental Plan 1996 LEGISLATION CITED: Development Control Plan No. 2 Dwelling House Development Development control Plan No. 20 - Dual Occupancy Provisions CASES CITED: DATES OF HEARING: 08/11/2004 EX TEMPORE 11/08/2004 JUDGMENT DATE :
APPLICANT Mr S Kondilious, solicitor SOLICITORS Maddocks
LEGAL REPRESENTATIVES: RESPONDENT Mr M A Staunton, solicitor SOLICITORS Staunton Beattie
JUDGMENT: THE LAND AND ENVIRONMENT COURT OF NEW SOUTH WALES
Bly C
8 November 2004
10935 of 2004 Mark Gerstl & Associates Pty Ltd v Waverley Council
JUDGMENT
1. This judgement relates to an on-site hearing involving the council's refusal of a development application for the partial demolition of an existing dwelling house and alterations and additions to provide an attached two-storey, dual occupancy development at No. 4 St Thomas Street, Bronte.
2. The rectangular site comprises Lot 3 in DP 102958 and has an area of about 556 sq m. It has a fall of about 6 m towards its rear boundary.
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