Smith trading as CSA Architects v Waverley Council [2007] NSWLEC 691

Land and Environment Court of New South Wales

CITATION : Smith trading as CSA Architects v Waverley Council [2007] NSWLEC 691

APPLICANT Alex Smith trading as CSA Architects PARTIES : RESPONDENT Waverley Council

FILE NUMBER(S) : 11221 of 2006

CORAM: Bly C

KEY ISSUES: Development Consent :- alterations and additions to the existing dwelling house, view loss, privacy.

Environmental Planning and Assessment Act 1979 LEGISLATION CITED: Waverley Local Environmental Plan 1996 Waverley Council Development Control Plan No 2

DATES OF HEARING: 20/02/2007

EX TEMPORE JUDGMENT DATE : 20 February 2007

APPLICANT Mr M. McMahon, solicitor of M.E. McMahon & Associates LEGAL REPRESENTATIVES:

RESPONDENT Mr S. Patterson, solicitor of Wilshire Webb

JUDGMENT: THE LAND AND ENVIRONMENT COURT OF NEW SOUTH WALES

Bly C

20 February 2007

11221 of 2006 Alex Smith trading as CSA Architects v Waverley Council This decision was given extemporaneously. It has been revised and edited prior to publication.

JUDGMENT 1 On 26 July 2006 the Waverley Council granted deferred development consent for alterations and additions to the existing dwelling house at 144 Ramsgate Avenue. North Bondi. The deferred commencement matters include a requirement that the first floor deck be reduced to a maximum depth of 3.5 metres. Amended plans were subsequently provided to the council in response to these matters and on 7 Aug 2006 the applicant was advised that these plans were considered satisfactory and accordingly the development consent DA 107/2006 was considered to be active.