Quinton - Margalit Architects v Waverley Council [2008] NSWLEC 1389

Land and Environment Court of New South Wales

CITATION : Quinton - Margalit Architects v Waverley Council [2008] NSWLEC 1389

APPLICANT Ted Quinton & Harry Zyi Margalit trading as Quinton - Margalit Architects PARTIES : RESPONDENT Waverley Council

FILE NUMBER(S) : 10252 of 2008

CORAM: Hoffman C

KEY ISSUES: Development Consent :- Alterations and additions to existing house, parking, street trees, streetscape

Environmental Planning and Assessment Act 1979 LEGISLATION CITED: Waverley Local Environmental Plan 1996 Waverley Development Control Plan 2006

CASES CITED: Cameron v Waverley Council (2006) NSW LEC 473

DATES OF HEARING: 04/09/2008

EX TEMPORE JUDGMENT DATE : 4 September 2008

APPLICANT Mr M. Staunton, barrister Instructed by Neil Lawson & Co LEGAL REPRESENTATIVES:

RESPONDENT Mr S. Patterson, solicitor of Wilshire Webb Staunton Beattie Lawyers

JUDGMENT: THE LAND AND ENVIRONMENT COURT OF NEW SOUTH WALES

Hoffman C

4 September 2008

10252 of 2008 Ted Quinton & Harry Zyi Margalit trading as Quinton - Margalit Architects v Waverley Council

JUDGMENT 1 This is a Class 1 appeal, No. 10252 of 2008, between Quinton-Margalit Architects and Waverley Council in regard to some conditions of a consent for alterations and additions to No. 17 Henry Street, Queens Park. The existing house is two-storey in a traditional symmetrical design likened to the Georgian style. The second storey was added in 2001. There had been other alterations and additions previously to what was, according to the evidence, a single-storey worker's cottage of the Victorian period. The Victorian character is now lost.