Zitserman v Waverley Council [2012] NSWLEC 1161

Land and Environment Court New South Wales

Medium Neutral Citation: Zitserman v Waverley Council [2012] NSWLEC 1161 Hearing dates: 15 May 2012 Decision date: 16 May 2012 Jurisdiction: Class 1 Before: Brown ASC Decision: 1. The appeal is upheld. 2. Development Application No. DA/-599/2011 for the demolition of all improvements and construction of 2 dwellings buildings with subdivision at 17 Wonderland Avenue Tamarama is approved subject to the conditions in Annexure A. 3. The exhibits are returned with the exception of exhibit A. Catchwords: DEVELOPMENT APPLICATION: demolition of the existing residential flat building and the construction of two dwellings and the subdivision of the dwellings - no issues pressed by the council - resident objections - floor space ratio - height - loss of views Legislation Cited: Environmental Planning and Assessment Act 1979 Cases Cited: Tenacity Consulting v Warringah [2004] NSWLEC 140 Category: Principal judgment Parties: Allanah Zitserman (Applicant) Waverley Council (Respondent) Representation: Mr N Eastman, barrister (Applicant) Ms C Morton, solicitor (Respondent) Solicitors Gadens Lawyers(Applicant) Sparke Helmore (Respondent) File Number(s): 10241 of 2012

Judgment 1ACTING SENIOR COMMISSIONER: This is an appeal against the deemed refusal by Waverley Council of DA 599/2011 for the demolition of the existing residential flat building and the construction of two dwellings and the subdivision of the dwellings into Lots 1 and 2 at 17 Wonderland Avenue Tamarama (the site). 2The Statement of Facts and Contentions categorised the proposed development as a dual occupancy development however the categorisation was amended by the council to the erection of two dwellings on the subdivided lots with a zero setback between the dwellings.