Rosenstrauss & Cahill v Waverley Municipal Council [1989] NSWLEC 227

Land and Environment Court of New South Wales

CITATION : Rosenstrauss & Cahill v Waverley Municipal Council [1989] NSWLEC 227 APPLICANT Rosenstrauss & Cahil PARTIES : RESPONDENT Waverley Municipal Council FILE NUMBER(S) : 10573 of 1988 CORAM: Stein J KEY ISSUES: :- LEGISLATION CITED: Heritage Act Environmental Planning and Assessment Act 1979 CASES CITED: Porebski v. Woollahra Municipal Council, Unreported Land and Environment Court 16 December 1988 DATES OF HEARING: DATE OF JUDGMENT: 08/18/1989

LEGAL REPRESENTATIVES:

JUDGMENT:

HIS HONOUR: This application involves two appeals under s.97 of the Environmental Planning and Assessment Act. The first concerns the Council's refusal on 5 April 1988 of a development application to erect a group of 13 x 2 storey town houses with parking on land situated at 14-22 Porter Street, Bondi Junction. The second application concerns the refusal of permission to demolish five terrace houses on the site by resolution of the Council of 25 July 1989. By consent the applications were heard together.

The subject land is located on the northern side of Porter Street between Hollywood Avenue and Botany Street. It has a total area of 1794.24m2 with a frontage to Porter Street of 39.4m. Under the Waverley Local Environmental Plan 1985 (the LEP) the land is zoned Residential 2(b). Town house development is permissible with consent. Clause 20(1) and (2) of the LEP provide:-

" (1) A person shall not, without the consent of the council, in respect of a building work or relic that is an item of environmental heritage -

(a) demolish or renovate the building or work;