Vivian v Waverley Council [2010] NSWLEC 1233

Land and Environment Court of New South Wales

CITATION : Vivian v Waverley Council [2010] NSWLEC 1233

APPLICANT Philip Vivian PARTIES : RESPONDENT Waverley Council

FILE NUMBER(S) : 10236 of 2010

CORAM: Dixon C

KEY ISSUES: DEVELOPMENT MODIFICATION :- privacy and amenity

Environmental Planning and Assessment Act 1979 s96(2) LEGISLATION CITED: Waverley Local Environmental Plan 1996 Waverley Development Control Plan 2006 (Amendment No 4 )

DATES OF HEARING: 22 June , 27 July and 6 August 2010

DATE OF JUDGMENT: 25 August 2010

APPLICANT Ms Taylor (solicitor) SOLICITORS Bartier Perry

LEGAL REPRESENTATIVES:

RESPONDENT Mr Patterson (solicitor) SOLICITORS Wilshire Webb Staunton Beattie

JUDGMENT:

THE LAND AND ENVIRONMENT COURT OF NEW SOUTH WALES

Dixon C

25 August 2010

10236 of 2010 Philip Vivian v Waverley Council

JUDGMENT Summary 1 This is an appeal against Waverley Council's decision to refuse consent to the modification of a newly constructed dwelling house at 45 Gardyne Street, Bronte. 2 The applicant's modification application DA452/2008/B, which was lodged with the council on 8 October 2009 pursuant to section 96(2) of the Environmental Planning and Assessment Act 1979, seeks to modify the original development consent DA452/2008 to allow for: o A new glass roof to the first floor terrace (currently approved with open louvres). o Reduce first floor terrace planter size (modified to 25% of terrace area). o A new gate linking the ground floor courtyard to an external path along the northern side boundary and reconfiguration of the existing external stair. o Northern side boundary fencing (as required by Condition 2a). o Several minor modifications (new toilet at first floor and window and door changes).