Raymond v Waverley Council [2009] NSWLEC 1128

Land and Environment Court of New South Wales

CITATION : Raymond v Waverley Council [2009] NSWLEC 1128

APPLICANT Raymond, Benny PARTIES : RESPONDENT Waverley Council

FILE NUMBER(S) : 11197 of 2008

CORAM: Murrell C

KEY ISSUES: SECTION 96 MODIFICATION :-

LEGISLATION CITED: Waverley Local Environmental Plan 1996

DATES OF HEARING: 6 February 2009

EX TEMPORE JUDGMENT DATE : 6 February 2009

APPLICANT Mr Benny Raymond, Litigant in Person

LEGAL REPRESENTATIVES: RESPONDENT Mr Stephen Patterson, Solicitor of Wilshire Webb Staunton Beattie

JUDGMENT: - 1 - THE LAND AND ENVIRONMENT COURT OF NEW SOUTH WALES

MURRELL C

6 February 2009

11197 OF 2008 Raymond, Benny -v- Waverley Council

JUDGMENT 1 This appeal is for a Section 96 modification application that was refused by Waverley Council for the property known as No's 314 - 316 Bronte Road Waverley. The subject site is within the conservation area of the Charing Cross Precinct.

2 On the subject site there is a recently constructed three storey mixed use building containing retail space on the ground floor and 11 residential apartments above with basement parking. The Court originally granted consent for the development 31 March 2003.

3 The Section 96 application currently before the Court seeks to formalise the relocation of two ground floor glass block windows along the northern boundary. That is retrospective approval is sough for the repositioning of these windows as originally approved. The 96 modification also is for the reconfiguration of the floor plan for the apartment formerly known as No 2 such that the study adjoining the wall on the boundary where one of the glass block windows is now located.