Leung v Waverley Council [2007] NSWLEC 104

Land and Environment Court of New South Wales

CITATION : Leung v Waverley Council [2007] NSWLEC 104

APPLICANT JKC Leung Design & Construction PARTIES : RESPONDENT Waverley Council

FILE NUMBER(S) : 10660 of 2006

CORAM: Brown C

KEY ISSUES: Development Application :- alterations and additions to units in residential flat building - view loss - height - density - precedent

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

CASES CITED: Goldin & Anor v Minister for Transport Administering the Ports Corporatisation and Waterways Management Act 1995 [2002] NSWLEC 75

DATES OF HEARING: 22/02/07

EX TEMPORE JUDGMENT DATE : 22 February 2007

APPLICANT Mr P Clay, barrister

LEGAL REPRESENTATIVES: RESPONDENT Mr C McEwen SC SOLICITORS Staunton Beattie

JUDGMENT: THE LAND AND ENVIRONMENT COURT OF NEW SOUTH WALES

Brown C

22 February 2007

10660 of 2006 JKC Leung Design & Construction v Waverley Council

JUDGMENT 1 COMMISSIONER: This is an appeal against the refusal of DA-132/2005 by Waverley Council (the council) for alterations and additions to units 22 and 23, 5 – 7 Martins Avenue, Bondi (the site).

2 The proceedings were heard as an On Site Hearing on 22 February 2007 and the judgement reflects the contents of the Statement of Basic Facts and the findings given on-site. The site and surrounding area 3 Units 22 and 23 are located on the top floor (with unit 24) of an 8 storey 1970's residential flat building containing 24 units. Development to the east and west of the site consists of 2 – 3 storey residential flat building and dwelling houses. Development to the south of the site consists of high-density residential development of 8 – 9 storeys and medium density residential flat buildings of 4 storeys. The proposal 4 The proposal provides for alterations and additions to units 22 and 23 by the construction of a new level to the existing roof structure to each unit thereby increasing the units from two bedrooms to three bedrooms. The new structure would be setback 2.5 m from the eastern side, 1.12 m from the western side and 0.72 m from the northern and southern sides and would slope back from the setbacks into a mansard roof form. The height will be increased 4.418 m above the existing roof and 3.418 m above the existing parapet. The new roof height will be 247 mm below the height of the existing lift motor room. Rainwater tanks will be provided within the roof space. Relevant planning controls 5 The site is zoned is zoned Residential 2(c1) under Waverley Local Environmental Plan 1996 (LEP 1996). The proposal is permissible with consent. Clause 10(2) provides that consent shall not be granted unless the development meets one or more of the objectives of the zone.