Plater v Waverley Council [2012] NSWLEC 1131

Land and Environment Court New South Wales

Medium Neutral Citation: Plater v Waverley Council [2012] NSWLEC 1131 Hearing dates: 15 May 2012 Decision date: 23 May 2012 Jurisdiction: Class 1 Before: Fakes C Decision: Appeal upheld subject to conditions Catchwords: DEVELOPMENT APPLICATION; off-street parking; impacts on streetscape and street tree Legislation Cited: Environmental Planning and Assessment Act 1979 Land and Environment Court Act 1979 Waverley Local Environmental Plan 1996 Cases Cited: Zhang v Canterbury Council [2001] NSWCA 167 Category: Principal judgment Parties: Ms Jan Plater (Applicant) Waverley Council (Respondent) Representation: Applicant: Ms J Hewitt (Solicitor) Respondent: Mr S Patterson (Solicitor) Applicant: HWL Ebsworth Respondent: Wiltshire Webb Staunton Beattie File Number(s): 10109 of 2012

Judgment 1COMMISSIONER:The applicant is appealing Waverley Council's refusal of development application No. DA-196/2011 for removal of part of a front fence, installation of a hardstand car space and associated landscaping at 36 Sir Thomas Mitchell Road, Bondi Beach (the site). 2The proposed development is the demolition of the sandstone front fence, the rebuilding of most of it, excavation of the front garden to accommodate a hardstand car space of porous paving, construction of retaining walls, and supplementary landscaping. The works will necessitate a driveway crossover from the street, this is proposed to be an extension of the existing driveway of 38 Sir Thomas Road; the resulting driveway will be shared by both properties. The driveway extends relatively close to the base of an established Acacia binervia (Syn. A. glaucescens) (Coastal Myall) planted by the applicant about 30 years ago as a street tree. 3The appeal is made under s 97(1) of the Environmental Planning and Assessment Act 1979 (the Act). 4The hearing commenced on site as a mandatory conciliation and arbitration hearing under s 34AA of the Land and Environment Court Act 1979 (the Court Act). As no agreement was reached, the conciliation was terminated and the matter went directly to arbitration in accordance with s 34AA(2)(b) of the Court Act.