Porter v Waverley Council [2009] NSWLEC 1300

Land and Environment Court of New South Wales

CITATION : Porter v Waverley Council [2009] NSWLEC 1300

APPLICANT H Porter PARTIES : RESPONDENT Waverley Council

FILE NUMBER(S) : 10387 of 2009

CORAM: Moore SC

KEY ISSUES: APPEAL - SECTION 121B ORDER :-

DATES OF HEARING: 8 September 2009

EX TEMPORE JUDGMENT DATE : 8 September 2009

APPLICANT In person LEGAL REPRESENTATIVES: RESPONDENT Mr S Patterson, solicitor Wilshire Webb Staunton Beattie

JUDGMENT: THE LAND AND ENVIRONMENT COURT OF NEW SOUTH WALES

MOORE SC

8 September 2009

09/10387 Porter v Waverley Council

JUDGMENT

This decision was given as an extemporaneous decision. It has been revised and edited prior to publication. 1 SENIOR COMMISSIONER: This appeal is brought by Mr Porter against an order made by Waverley Council (the council) requiring him to demolish a deck and a spa that have been erected, without development consent from the council, at the rear of his property at Glen Street, Bondi.

2 During the course of the proceedings, I have been invited, after the conciliation phase pursuant to s 34(3) of the Land and Environment Court Act 1979, to proceed to hear and determine the matter – with both the applicant and the council consenting to those matters that were discussed during the conciliation phase being carried forward to and forming evidence in my determination pursuant to s 34(4)(b).

3 It is convenient, at this point, to note that I have inspected not only the rear yard of Mr Porter's property (from within that yard) but also I visited the middle unit of the block of units immediately to the east to inspect the impact of the present structures on the occupant of that unit and, by inference, on those in the units above and below and in the further units in the same block immediately to the south.