NSW Caselaw
Land and Environment Court of New South Wales
CITATION : O'Connell v Waverley C [2005] NSWLEC 478
APPLICANT Malcolm O'Connell
PARTIES : RESPONDENT Waverley Council
FILE NUMBER(S) : 10477 of 2005
CORAM: Hussey C
Development Application :- Construction of a garage - ancillary works - parking - landscaping - view lossses. KEY ISSUES:
LEGISLATION CITED: Environmental Planning and Assessment Act 1979
DATES OF HEARING: 19/08/2005 EX TEMPORE JUDGMENT DATE : 08/19/2005
APPLICANT Ms Vicky La, solicitor
LEGAL REPRESENTATIVES: RESPONDENT Mr G. Hartley, solicitor of Staunton Beattie
JUDGMENT: THE LAND AND ENVIRONMENT COURT OF NEW SOUTH WALES
Hussey C
19 August 2005
10477 of 2005 Malcolm O'Donnell v Waverley Council
JUDGMENT 1 The appeal was lodged against council's refusal of a development application for construction of a garage at the front of the property, and ancillary works including a landscaped terrace above the garage, at No. 130 Warners Avenue, Bondi Beach. The full details of the proposal are contained in the Statement of Basic Facts, which I rely on.
2 A number of issues were identified initially for the appeal which can be summarised as follows: + parking in terms of the new garage requiring a new footpath crossover, which effectively reduces on street parking; + landscaping reduction due to the new garage replacing existing open space area; and + view losses.
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