Weinberger v Waverley Council [2008] NSWLEC 7

Land and Environment Court of New South Wales

CITATION : Weinberger v Waverley Council [2008] NSWLEC 7

Applicant: Piroska Weinberger PARTIES : Respondent: Waverley Council

FILE NUMBER(S) : 10609 of 2007

CORAM: Roseth SC

KEY ISSUES: Development Application - Development Control Plan - Development Standards :-

DATES OF HEARING: 11/12/2007

DATE OF JUDGMENT: 10 January 2008

Applicant: LEGAL REPRESENTATIVES: Mr P Rigg assisted by Ms Z Baker, solicitors of Deacons Lawyers Respondent: Mr C McEwen SC and Mr M Staunton, barrister instructed by Mr S Patterson, solicitor of Wilshire Webb Staunton Beattie Lawyers

JUDGMENT: THE LAND AND ENVIRONMENT COURT OF NEW SOUTH WALES

Roseth SC

10 January 2008

10609 of 2007 Piroska Weinberger v Waverley Council

JUDGMENT 1 Senior Commissioner: This is an appeal against the refusal by Waverley Council of a development application to demolish the existing building and erect a new four-storey residential flat building containing eight apartments over basement parking for six cars on lot 11 section 3 DP 747, known as 122 Curlewis Street, Bondi.

The site 2 The site is on the north side of Curlewis Street. It has a width of 12.2m and a depth of 47.9m, with an area of 584m2. It now contains a two-storey apartment building, which is proposed to be demolished. The Floor Space Ratio (FSR) of the existing building appears to be around 0.7:1. There is a tree in the footpath in front of the site. 3 Other buildings in the locality are two, three and four-storey apartment buildings along the north side and one and two-storey shops and apartments along the south side of Curlewis Street. To the north of the site are three-storey apartment buildings fronting Beach Road. A three-storey apartment building, with an attic floor within the roof, at 32 Beach Road adjoins the site to the north. That building was recently approved and is also on a site that is 12.2m wide. Adjoining to the east is a three-storey building over ground level parking that spans over three allotments and is known as 124-128 Curlewis Street. That property contains several mature trees along the common boundary. Adjoining to the west is a three-storey inter-War building known as 120 Curlewis Street. 4 The parties took me to three recently approved buildings on 12m wide sites in Beach Street, Nos 32, 58 and 60. As mentioned above, No 32 adjoins the site to the north. Nos 58 and 60 are three-storey apartment buildings without attic. All three are over partially underground parking.