Teasdale and Anor v Waverley Council [2010] NSWLEC 1049

Land and Environment Court of New South Wales

CITATION : Teasdale and Anor v Waverley Council [2010] NSWLEC 1049

APPLICANT Paul Anthony Teasdale and Lucinda Perrin PARTIES : RESPONDENT Waverley Council

FILE NUMBER(S) : 10952 of 2009

CORAM: Murrell C

KEY ISSUES: DEVELOPMENT APPLICATION :- Alterations and Additions to dwelling with hard stand area. Impact on adjoining heritage, streetscape and conservation area.

Land and Environment Court Act 1979 LEGISLATION CITED: Waverley Local Environmental Plan 1996 Waverley Development Control Plan 2006

DATES OF HEARING: 17 February 2010

DATE OF JUDGMENT: 17 March 2010

APPLICANT Mr M McMahon (solicitor) SOLICITOR Michael McMahon and Associates LEGAL REPRESENTATIVES:

RESPONDENT Mr S Patterson (solicitor) SOLICITOR Wilshire Webb Staunton Beattie

JUDGMENT: THE LAND AND ENVIRONMENT COURT OF NEW SOUTH WALES

Murrell C

17 March 2010

10952 of 2009 Paul Anthony Teasdale & Lucinda Perrin v Waverley Council

JUDGMENT 1 The applicant in these proceedings is seeking to provide a hardstand area within the front setback of the dwelling at No. 37 Blenheim St, Queens Park. This matter commenced as a section 34 conciliation conference however, the parties could not reach agreement and they consented to me adjudicating the appeal under section 34 (4) of the Land and Environment Court Act, 1979. 2 The council approved alterations and additions to the dwelling and attached a condition to delete the proposed car space in the front setback area. The applicant is appealing this condition and the Council does not raise any issue with the alterations to the dwelling. Site and environs 3 The subject site at No. 37 has a part one and two-storey dwelling of rendered sandstone and weatherboard cottage erected on the site. The original sandstone portion of the dwelling was erected over 100 years ago with Council recently approving alterations and additions including a first-floor at the rear. Number 39 and 37 are forward of the cottage at No. 37. 4 Adjoining the subject property at No. 35 is a single storey weatherboard cottage and this is a listed heritage item. The subject site is not a heritage item but is within the conservation area. 5 To the south of the subject site at No. 39 is a two storey residential flat building that has a car parking hard stand area on its southern side, forward of the building. 6 The subject dwelling is setback further from the front boundary than the heritage item to the north and the flat building to the south. There is not sufficient setback to the heritage item to accommodate a car space. On site today one could see other dwellings where a car space is within the front setback, although approval pre-dated the current controls. 7 The Blenheim Street conservation area is characterised by a variety of early 19th-century cottages and more recent multi-unit development. The historic remnants of the streetscape include the subject site a rare early Victorian sandstone cottage. Opposite the subject site for an extensive width is an attached townhouse form of development with basement parking accessed at the northern end of the street. This presents as a row of townhouses of similar width to the other dwellings in the street. 8 The street is relatively narrow with one-way traffic in a southerly direction. No parking is permitted on the western side of the street and parking with landscaping is on the eastern side, opposite the site.