O'Toole v Waverley Council [2006] NSWLEC 610

Land and Environment Court of New South Wales

CITATION : O'Toole v Waverley Council [2006] NSWLEC 610

APPLICANT Damian O'Toole PARTIES : RESPONDENT Waverley Council

FILE NUMBER(S) : 10628 of 2006

CORAM: Hoffman C

KEY ISSUES: Appeal :- Erection of additional garage, desired future character, performance criteria, view loss, non-compliance with floor space ratio, setbacks, visual impact, on-street parking

Environmental Planning and Assessment Act 1979 LEGISLATION CITED: Waverley Local Environmental Plan 1996 Development Control Plan No. 14 - Land Use and Transport

DATES OF HEARING: 25/09/2006

EX TEMPORE JUDGMENT DATE : 09/25/2006

APPLICANT Ms S Jellie, solicitor Pricewaterhousecoopers Legal SOLICITORS LEGAL REPRESENTATIVES: RESPONDENT Mr M Staunton, solicitor SOLICITORS Staunton Beattie

JUDGMENT: THE LAND AND ENVIRONMENT COURT OF NEW SOUTH WALES

Hoffman C

25 September 2006

10628 of 2006 Damian O'Toole v Waverley Council

JUDGMENT

1 This is a class one appeal No. 10628 of 2006 between Damian O"Toole and Waverley Council in regard to refusal of an application for garage at No. 504A Bronte Road, Bronte. The house has two frontages, on the north-east is Calga Place which adjoins the beach, on the south-west is Bronte Road. There is about 10 m fall on Bronte Road to Calga Place, so that most houses are single storey to Bronte Road and two or three storeys to Calga Place above sandstone retaining walls.