Cusack & Morrison v Waverley Council [2007] NSWLEC 873

Land and Environment Court of New South Wales

CITATION : Cusack & Morrison v Waverley Council [2007] NSWLEC 873

APPLICANT Andrew Cusack & Kerry Morrison PARTIES : RESPONDENT Waverley Council

FILE NUMBER(S) : 10968 of 2007

CORAM: Tuor C

KEY ISSUES: Development Application :- replace existing retractable awning with covered pergola. Consistency with row of terraces and streetscape

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

CASES CITED: Project Venture Developments v Pittwater Council (2005) NSWLEC 191

DATES OF HEARING: 12/12/2007

EX TEMPORE JUDGMENT DATE : 12 December 2007

APPLICANT Mr R Zikmann, barrister Solicitors LEGAL REPRESENTATIVES: Segal & Associates

RESPONDENT Mr S Patterson, solicitor of Wilshire Webb Staunton Beattie

JUDGMENT: THE LAND AND ENVIRONMENT COURT OF NEW SOUTH WALES

Tuor C

12 December 2007

10968 of 2007 Andrew Cusack & Kerry Morrison v Waverley Council

JUDGMENT 1 This is an appeal against the refusal by Waverley Council (the council) of a development application under the Environmental Planning and Assessment Act 1979 (724/2006) to replace an existing retractable awning with a 3.51 m by 4.95 m covered vergola at 1/24-26 Isabella Street Queens Park (the site). The site and its context 2 The site is located on the eastern side of Isabella Street between Birrell Street and Cuthbert Street. It is developed with a two-storey terrace over a ground level garage. The roof of the garage forms an elevated deck with edge planting and a retractable awning over the deck. The terrace is part of a group of four recent terraces.