Westlake & Anor v Waverley Council [2008] NSWLEC 1169

Land and Environment Court of New South Wales

CITATION : Westlake & Anor v Waverley Council [2008] NSWLEC 1169

APPLICANT Kate Westlake and Peter McGregor PARTIES : RESPONDENT Waverley Council

FILE NUMBER(S) : 11051 of 2007

CORAM: Murrell C

KEY ISSUES: Development Consent :- Residential flat building, heritage, privacy, traffic, streetscape, overshadowing, bulk and scale, setbacks, minimised site width, amenity impacts and landscaping

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

CASES CITED: Zhang v Canterbury City Council [2001] NSWCA 167

DATES OF HEARING: 27/03/2008

EX TEMPORE JUDGMENT DATE : 27 March 2008

APPLICANT Mr C. Gough, solicitor of Storey and Gough LEGAL REPRESENTATIVES:

RESPONDENT Mr S. Patterson, solicitor of Wilshire Webb Stauton Beattie

JUDGMENT: THE LAND AND ENVIRONMENT COURT OF NEW SOUTH WALES

Murrell C

27 March 2008

11051 of 2007 Kate Westlake & Anor v Waverley Council This determination was given extemporaneously and it has been edited prior to publication

JUDGMENT 1 The applicant in these proceedings is seeking development consent for a residential flat building containing eight residential units, six one-bedroom and two two-bedroom units and a shop. The subject site is known as No. 230-232 Bronte Road Charing Cross and it is within a heritage conservation area known as the Charing Cross Conservation Area. 2 The site is zoned residential 2(c)(1) and the objectives of the zone are: (a) to allow for a variety of medium to high density housing forms including boarding houses, dwelling houses, residential flat buildings and townhouses;