Baker Kavanagh Architects v Waverley Council [2007] NSWLEC 195

Land and Environment Court of New South Wales

CITATION : Baker Kavanagh Architects v Waverley Council [2007] NSWLEC 195

APPLICANT Baker Kavanagh Architects PARTIES : RESPONDENT Waverley Council

FILE NUMBER(S) : 10025 of 2007

CORAM: Bly C

KEY ISSUES: Development Application :- conversion of an existing heritage listed church hall into two units and construction of two terraces and associated parking.

LEGISLATION CITED: Environmental Planning and Assessment Act 1979 Waverley Local Environmental Plan 1996

DATES OF HEARING: 23/03/2007 and 26/03/2007

EX TEMPORE JUDGMENT DATE : 26 March 2007

APPLICANT Ms J. Reid, solicitor of Pike Pike and Fenwick LEGAL REPRESENTATIVES:

RESPONDENT Mr S. Patterson, solicitor of Wilshire Webb

JUDGMENT: THE LAND AND ENVIRONMENT COURT OF NEW SOUTH WALES

Bly C

26 March 2007

10025 of 2007 Baker Kavanagh Architects v Waverley Council This decision was given extemporaneously. It has been revised and edited prior to publication.

JUDGMENT 1 On 11 April 2003, Development Application No. 388/2005 was approved by the Waverley Council. The site, which comprises 67-69 Denison Street, Bondi Junction has frontages of about 12 m to Mill Hill Road and Denison Street and a frontage of about 60 m to Ebley Street. The consent is for the conversion of the existing heritage listed church building on the site into two dwellings (Lots 3 and 4) and the construction of two new terrace style dwellings (Lots 1 and 2) separated from the church building by a central car parking area. The driveway off Ebley Street provides access to the four car parking spaces.