Westwood v Waverly Council [2004] NSWLEC 574

Land and Environment Court of New South Wales

CITATION : Westwood v Waverly Council [2004] NSWLEC 574 revised - 10/11/2004 APPLICANT Katherine Westwood PARTIES : RESPONDENT Waverley Council . FILE NUMBER(S) : 10782 of 2004 CORAM: Moore C KEY ISSUES: Development Application :- LEGISLATION CITED: Zhang v Canterbury City Council (2001) 115 LGERA 373; CASES CITED: Stockland Development Pty Ltd v Manly Council [2004] NSWLEC 472; . DATES OF HEARING: 22 September 2004 EX TEMPORE 09/22/2004 JUDGMENT DATE :

APPLICANT Mr G Green, solicitor Pike Pike & Fenwick LEGAL REPRESENTATIVES: RESPONDENT Mr M Staunton, solicitor Staunton Beattie

JUDGMENT: THE LAND AND ENVIRONMENT COURT OF NEW SOUTH WALES

MOORE C

22 September 2004

04/10782 Katherine Westwood v Waverley Council

JUDGMENT This decision was given as an extemporaneous decision during an on-site hearing. It has been revised and edited prior to publication. 1 COMMISSIONER: This is an appeal pursuant to s 97 of the Environmental Planning and Assessment Act 1979 against the refusal on 9 June 2004 by Waverley Council (the council) of Development Application 750/2003 for the demolition of an existing semi-detached dwelling and the construction of a new house at 22 Wiley Street, Waverley (the site). 2 During the course of the on-site hearing, in company with the parties' representatives, I had the opportunity to visit the premises of the objecting residents at the rear of the site whose properties are located in Henrietta Street and to walk the length of Wiley Street to observe its streetscape.