Boyd v Bega Valley Council [2007] NSWLEC 23

Land and Environment Court of New South Wales

CITATION : Boyd v Bega Valley Council [2007] NSWLEC 23

APPLICANT Peter Boyd PARTIES : RESPONDENT Bega Valley Council

FILE NUMBER(S) : 10228 of 2002

CORAM: Murrell C

KEY ISSUES: Appeal :- s 96(6) modification application, visual impact when viewed from waterway, impact on privacy of adjoining properties, urban design, architectural integrity.

Environmental Planning and Assessment Act 1979 LEGISLATION CITED: Bega Local Environmental Plan 2002 Bega Development Control Plan No. 6

DATES OF HEARING: 08/01/2007

EX TEMPORE JUDGMENT DATE : 8 January 2007

APPLICANT Mr P. Boyd, litigant in person

LEGAL REPRESENTATIVES: RESPONDENT Mr McMahon, solicitor of M E McMahon & Associates

JUDGMENT: THE LAND AND ENVIRONMENT COURT OF NEW SOUTH WALES

Murrell C

8 January 2007

10228 of 2002 Peter Boyd v Bega Valley Council

JUDGMENT 1 This is an extempore judgment for an appeal under s.96(6) of the Environmental Planning and Assessment Act against the refusal by Bega Valley Shire Council of a modification application for the property known as No. 10 Main Street Merimbula The matter has been heard today as an on-site hearing. By way of background the Court previously heard an appeal for the subject property in 2003 for alternations and additions. The Court dismissed the appeal in terms of the conditions that were appealed against. However, the Council's conditional approval was granted. That is the Court stated that the balcony accessed from what is called the loft area upstairs was to be deleted and the consent was such that it required the submission of an amended plan to delete the balcony and to appropriately insert windows instead of doors at that same setback but with the deletion of the balcony. 2 The applicant has now come forward with a s 96 modification to the consent previously granted. The modification is to allow the wall of the so called loft area to be moved forward some 900 mm and as such there would be a small portion of the roof to remain 'in situ'. The proposed extension for the first floor room upstairs (the loft) has access from the ground floor living room via a spiral staircase. The term 'loft' is not an accurate description but rather it is a second storey addition over one portion of the building.