Ryan v Waverley Council [2004] NSWLEC 382

Land and Environment Court of New South Wales

CITATION : Ryan v Waverley Council [2004] NSWLEC 382 revised - 24/08/2004 APPLICANT Alan Ryan PARTIES : RESPONDENT Waverley Council FILE NUMBER(S) : 11476 of 2003 CORAM: Murrell C KEY ISSUES: Development Application :- Garage - impact on streetscape and adjoining properties LEGISLATION CITED: CASES CITED: Environmental Planning and Assessment Act; Waverley Local Environmental Plan DATES OF HEARING: 25/05/2004 EX TEMPORE 06/11/2004 JUDGMENT DATE :

APPLICANT Mr W Chaffey, solicitor SOLICITORS Wordsworth Lawyers

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

JUDGMENT:

THE LAND AND ENVIRONMENT COURT OF NEW SOUTH WALES

Murrell C

11 June 2004

11476 of 2003 Alan Ryan v Waverley Council

JUDGMENT

1 This is a verbal judgment for an appeal under s 97 of the Environmental Planning and Assessment Act against Waverley Council's refusal of a development application for a garage facility at the premises known as 25 Edward Street, Bondi.

2 The subject site currently has erected on the land a semi-detached dwelling, and this is one of a pair with No. 23 Edward Street, Bondi.

3 The area can be described as eclectic in the streetscape there is a variety of housing forms including a number of semi-detached dwellings but also residential flat buildings and single detached dwelling houses.