Shulkin v Waverley Council [2008] NSWLEC 1255

Land and Environment Court of New South Wales

CITATION : Shulkin v Waverley Council [2008] NSWLEC 1255

APPLICANT Ronnie Shulkin PARTIES : RESPONDENT Waverley Council

FILE NUMBER(S) : 10119 of 2008

CORAM: Bly C

KEY ISSUES: Development Application :- views, car parking, excavation, streetscape

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

DATES OF HEARING: 21/04/2008 and 17/06/2008

DATE OF JUDGMENT: 26 June 2008

APPLICANT Ms S. Hill, solicitor of Susan Hill & Associates Lawyers Pty Ltd LEGAL REPRESENTATIVES:

RESPONDENT Mr Staunton, solicitor of Wilshire Webb Staunton Beattie

JUDGMENT: THE LAND AND ENVIRONMENT COURT OF NEW SOUTH WALES

Bly C

26 June 2008

10119 of 2008 Ronnie Shulkin v Waverley Council

JUDGMENT 1 This appeal relates to a development application for the demolition of an existing dwelling house and the construction and Torrens Title subdivision of two attached three-storey dwellings with basement car parking at 13 St Thomas Street, Bronte.

2 The site and the adjacent footpath are significantly elevated above the St Thomas Street carriageway and vehicular access/driveway to the basement is at grade off this carriageway. The carriageway and footpath are separated by a steep grassed bank that is to be penetrated by the driveway that will extend under the footpath into the basement that provides parking for four cars. The existing sandstone retaining wall along the site's frontage is to be retained (apart from a new pedestrian entrance). Part of the existing low sandstone retaining wall adjacent to the carriageway that supports the grassed bank is to be removed. Where the driveway penetrates the grassed bank new sandstone retaining walls are to be constructed.