Vosoba v Waverley Council [2012] NSWLEC 1116

Land and Environment Court New South Wales

Medium Neutral Citation: Vosoba v Waverley Council [2012] NSWLEC 1116 Hearing dates: 9 May 2012 Decision date: 09 May 2012 Jurisdiction: Class 1 Before: Fakes C Decision: Appeal upheld Catchwords: CONSENT ORDERS; development application; off street parking Legislation Cited: Environmental Planning and Assessment Act 1979 Waverley Local Environmental Plan 1996 Cases Cited: Freer v Waverley Council [2010] NSWLEC 1084 Category: Principal judgment Parties: Barbara Vosoba (Applicant) Waverley Council (Respondent) Representation: Applicant: Mr G Christmas (Solicitor) Respondent: Mr K Webber Applicant: Apex Law Respondent: Wiltshire Webb Staunton Beattie Lawyers File Number(s): 10236 of 2012

Judgment 1COMMISSIONER:This is an appeal against Waverley Council's refusal of a development application for a new front fence and hardstand parking at 350 Birrell Street, Bondi (the site). The appeal is made under s 97 (1) of the Environmental Planning and Assessment Act 1979 (the Act). 2The proposal is the removal of an existing 2.0 m high brick front fence and its replacement with a 1.8 m timber slatted fence and gate. There will be an opening in the central part of the fence to enable use of a proposed hardstand area in front of the dwelling. The hardstand will comprise two wheel tracks and will be positioned between the two sandstone pillars that support the front verandah of the dwelling. A portion of the tiled floor of the front verandah will be removed to accommodate a vehicle. A driveway crossover is to be constructed to council's specifications.