Julian Segal, and Lucille Melanie Segal v Waverley Council [2004] NSWLEC 60

Land and Environment Court of New South Wales

CITATION : Julian Segal, and Lucille Melanie Segal v Waverley Council [2004] NSWLEC 60 APPLICANT Julian Segal, and Lucille Melanie Segal PARTIES : RESPONDENT Waverley Council FILE NUMBER(S) : 10547 of 2003 CORAM: Watts C Development Application :- Excavation KEY ISSUES: bulk and wall height heritage impacts

Waverley Local Environmental Plan 1996,(WLEP) LEGISLATION CITED: waverley Development Control Plan No. 2 Dwelling-House Development, (DCP2) Goldin & Anor v Minister for Transport Administering the Ports Corporatisation and Waterways Management Act 1995 121 LGERA 11 CASES CITED: DATES OF HEARING: 29, 30 and 31 October 2003, 21 and 22 February 2004 DATE OF JUDGMENT: 02/27/2004

APPLICANT Mr I J Hemmings, barrister instructed by Mr M T Mazzone, solicitor of Morgan Lewis Alter

LEGAL REPRESENTATIVES: RESPONDENT Mr GB Newport, barrister instructed by Mr G McD Hartley, solicitor of Staunton Beattie

JUDGMENT:

IN THE LAND AND ENVIRONMENT COURT OF NEW SOUTH WALES

10547 of 2003

Watts C

27 February 2004

Julian Segal and Lucille Melanie Segal Applicant v

Waverley Council Respondent

Judgment

1 This is an appeal under s 97 of the Environmental Planning and Assessment Act 1979, against the decision of the respondent Waverley Council (the council) to refuse a development application to demolish the existing dwelling on the land and to erect a new dwelling house at Lot B DP 320705 and Lot 1 DP 1004553, being No 55A Gardyne Street, Bronte.