Matthews v Waverley Council [2012] NSWLEC 1042

Land and Environment Court New South Wales

Medium Neutral Citation: Matthews v Waverley Council [2012] NSWLEC 1042 Hearing dates: 20 February 2012 Decision date: 24 February 2012 Jurisdiction: Class 1 Before: Fakes C Decision: Appeal upheld subject to additional conditions Catchwords: Development Application; alterations and additions; carport in front of building line; visual impact on streetscape Legislation Cited: Environmental Planning and Assessment Act 1979 Waverley Local Environmental Plan 1996 Land and Environment Court Act 1979 Cases Cited: Dickson Designs Pty Limited v Waverley Council [2008] NSWLEC 1295 Lucas v Waverley Council [2009] NSWLEC 1390 Teasdale and Anor v Waverley Council [2010] NSWLEC 1049 Zhang v Canterbury City Council [2001] NSWCA 167 Segal v Waverley Council [2005] NSWCA 310 Category: Principal judgment Parties: Mr J Matthews (Applicant) Waverley Council (Respondent) Representation: Applicant: Ms M Taylor (Solicitor) Respondent: Ms C Morton (Respondent) Applicant: Bartier Perry Respondent: Sparke Helmore File Number(s): 11046 of 2011

Judgment 1COMMISSIONER: This is an appeal against the refusal by Waverley Council of Development Application No. DA-205/2011 for alterations and additions to a dwelling at 48-50 Blenheim Street Queens Park. The appeal is made under s 97 of the Environmental Planning and Assessment Act 1979. 2The alterations include the modification of the front verandah and street facade and the erection of a new carport and front fence on the western/ street frontage, and new external stairs to the southern shared boundary. The design introduces a flat roof over the verandah and carport. The construction of the elevated slab for the carport requires the removal of a small Magnolia tree. The fence is to comprise masonry pillars with horizontal timber slats.