NSW Caselaw
Land and Environment Court of New South Wales
CITATION : McArthur v Waverley Council [2009] NSWLEC 1296
APPLICANT Christopher McArthur PARTIES : RESPONDENT Waverley Council
FILE NUMBER(S) : 10438 of 2009
CORAM: Dixon C
KEY ISSUES: DEVELOPMENT APPLICATION :- Hard stand carspace
Environmental Planning and Assessment Act 1979 LEGISLATION CITED: Waverley Local Environmental Plan 1996 Waverley Development Control Plan 2006
CASES CITED: Zhang v Canterbury City Council (2001) 115 LGRA 373
DATES OF HEARING: 1 September 2009
DATE OF JUDGMENT: 16 September 2009
APPLICANT Mr McMahon (solicitor) SOLICITOR M E McMahon & Associates LEGAL REPRESENTATIVES:
RESPONDENT Mr Patterson (solicitor) SOLICITOR Wilshire Webb Staunton Beattie
JUDGMENT: THE LAND AND ENVIRONMENT COURT OF NEW SOUTH WALES
Dixon C
16 September 2009
10438 of 2009 Christopher McArthur v Waverley Council
JUDGMENT Introduction 1 Waverley council has approved alterations and additions to a family home at 7 Cross Street, Bronte. The approved works, when completed, will transform the existing dwelling into a substantial four-bedroom home.
2 However, the approval specifically deleted a hardstand car space and associated works from the approved works.
3 Left without off street parking, the owners lodged a second application for a hardstand car space this time with a gate proposed at the entry to the car space. The second application was also refused. The owners now appeal the refusal of that second application.
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