Turner Architects v Waverley Council [2007] NSWLEC 639

Land and Environment Court of New South Wales

CITATION : Turner Architects v Waverley Council [2007] NSWLEC 639

APPLICANT Turner & Associates Architects Pty Limited PARTIES : RESPONDENT Waverley Council

FILE NUMBER(S) : 10449 of 2007

CORAM: Brown C

KEY ISSUES: Development Application :- demolition of an existing dwelling and the construction of a new dwelling - front setback - view loss - amenity impacts

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

DATES OF HEARING: 26/09/07

EX TEMPORE JUDGMENT DATE : 26 September 2007

APPLICANT Mr M McMahon, solicitor M McMahon & Associates LEGAL REPRESENTATIVES: RESPONDENT Mr S Paterson, solicitor SOLICITORS Wilshire Webb Staunton Beattie

JUDGMENT: THE LAND AND ENVIRONMENT COURT OF NEW SOUTH WALES

Brown C

26 September 2007

10449 of 2007 Turner & Associates Architects Pty Limited v Waverley Council

JUDGMENT 1 COMMISSIONER: This is an appeal against the refusal of Development Application No. 132/07 by Waverley Council (the council) for the demolition of an existing dwelling and the construction of a new dwelling at 75 Gardyne Street, Bronte (the site).

2 The proceedings were originally set down as a Preliminary Conference under s 34 of the Land and Environment Court Act 1979 (LEC Act) to be heard on site on 28 June 2007. No agreement was reached on that day between the parties as to the terms of a decision that would be acceptable to both parties in accordance with s 34(3)(a) of the LEC Act. The parties however consented to the disposal of proceedings with a further hearing in accordance with s 34(3)(b)(ii) of the LEC Act to be heard on 26 September 2007. The judgement provides the reasons for the decision given on site and relevant details contained within the Statement of Facts and Contentions. The site and immediate area 3 The site is Lots 22 and 23 Sec 2 in DP 2806. It is rectangular in shape with a 13.715 m frontage to Gardyne Street and a 36.375 m frontage to MacPherson Street and a site area of 498.9 sq m. The site slopes from the east to west with views to Bronte Beach. An older style single storey brick and tile dwelling and other improvements are located on the site.