Jafari v Waverley Council [2009] NSWLEC 1141

Land and Environment Court of New South Wales

CITATION : Jafari v Waverley Council [2009] NSWLEC 1141

PARTIES : APPLICANT Ahmai Jafari v Waverley Council

FILE NUMBER(S) : 10141 of 2009

CORAM: Taylor C

KEY ISSUES: DEVELOPMENT APPLICATION :- The use of roof tops for plant pots, visual, impact

Environmental Planning and Assessment Act 1979 Land and Environment Court Act 1979 LEGISLATION CITED: Waverley Local Environmental Plan 1996 Waverley Development Control Plan Building Code of Australia

Grdinic v Council of the City of Sydney [2006] NSWLEC 512 CASES CITED: Meriton v Sydney City Council [2004] NSWLEC 313 Super Studio v Waverley [2004] NSWLEC 91

DATES OF HEARING: 30/04/2009

DATE OF JUDGMENT: 6 May 2009

APPLICANT Mr A. Jafari, litigant in person

LEGAL REPRESENTATIVES: RESPONDENT Ms C. Morton, solicitor of Sparke Helmore

JUDGMENT: THE LAND AND ENVIRONMENT COURT OF NEW SOUTH WALES

Taylor C

6 May 2009

10141 of 2009 Jafari, Ahmai v Waverley Council

JUDGMENT 1 This is an appeal against a refusal of an application to modify a development application (DA91/07/A) under s 96 of the Environmental and Planning Assessment Act, 1979. The application was to regularise the placing of pot plants upon a colourbond roof that is located over the ground floor. The location of the subject dwelling is at 6 Gowrie Avenue, Bondi Junction. The parties had agreed in advance to me making a binding decision under s 34 (4) (b) of the Land and Environment Court Act, 1979. The site and proposal 2 I had the benefit of viewing the subject site and the surrounds at the on site hearing on 30th April 2009. The subject house is a double storey semi-detached dwelling of inter-war age. Single storey detached dwellings from a similar period dominate the streetscape, although some of the dwellings have been modified to provide a second storey and balcony structure.