Ergo Architecture & Interiors v Waverley Council [2007] NSWLEC 331

Land and Environment Court of New South Wales

CITATION : Ergo Architecture & Interiors v Waverley Council [2007] NSWLEC 331

APPLICANT Ergo Architecture & Interiors PARTIES : RESPONDENT Waverley Council

FILE NUMBER(S) : 10167 of 2007

CORAM: Hussey C

KEY ISSUES: Development Application :- Amend condition requiring deletion of garage to duplex, alterations to building structure, streetscape.

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

DATES OF HEARING: 29/05/2007

EX TEMPORE JUDGMENT DATE : 29 May 2007

APPLICANT Mr V. Conomos, solicitor of Pike Pike and Fenwick LEGAL REPRESENTATIVES:

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

JUDGMENT: THE LAND AND ENVIRONMENT COURT OF NEW SOUTH WALES

Hussey C

29 May 2007

10167 of 2007 Ergo Architecture & Interiors v Waverley Council This decision was given extemporaneously. It has been revised and edited prior to publication.

JUDGMENT Background. 1 This appeal was lodged against condition 2 (a) imposed by council on a development consent (DA 586/2006) for alterations and additions to an existing semi at 38 Langlee Avenue, Waverley. The proposed works included a second-storey addition and a garage.

2 The subject condition required: 2. General Modifications The proposal shall be amended as follows: (a) The proposed garage in the front portion of the building and all associated works are to be deleted from the approved plans, as it is contrary to Council's policy. In this regard the ground floor front facade is to be maintained.