Cullen v Waverley Council & Anor [2008] NSWLEC 1215

Land and Environment Court of New South Wales

CITATION : Cullen v Waverley Council & Anor [2008] NSWLEC 1215

APPLICANT Sally Marwood Cullen

PARTIES : FIRST RESPONDENT Waverley Council

SECOND RESPONDENT Charles Wheeler

FILE NUMBER(S) : 11324 of 2007

CORAM: Bly C

KEY ISSUES: Development Application :- Dwelling house, view sharing, privacy, building bulk

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

CASES CITED: Tenacity Consulting v Warringah [2004] NSW LEC 140

DATES OF HEARING: 24/04/2008 02/05/08

DATE OF JUDGMENT: 6 June 2008

APPLICANT Mr G. Green, solicitor, of Pike Pike & Fenwick

FIRST RESPONDENT LEGAL REPRESENTATIVES: Mr S Patterson, solicitor of Wilshire Webb Staunton Beattie

SECOND RESPONDENT Ms H Irish, barrister Instructed by Mallesons Stephen Jaques

JUDGMENT: THE LAND AND ENVIRONMENT COURT OF NEW SOUTH WALES

Bly C

6 June 2008

11324 of 2007 Sally Marwood Cullen v Waverley Council & Charles Wheeler

JUDGMENT Introduction 1 This appeal relates to a development application for the demolition of an existing two storey dwelling house and the construction of an essentially two-storey dwelling house at 34B Gardyne Street, Bronte. The proposed flat roofed four-bedroom house will have an integrated double garage, upper level terrace and a swimming pool. The second (topmost) floor level of the proposed building has an elongated (east-west) form that is set back 900/980 mm from the site's southern boundary and 8.1 m from its eastern boundary. It will have setbacks of 8.7 m, 9.8 m and 11 m from its northern boundary. Site works include the reconstruction of retaining walls and landscaping.