Gallard-Grant v Waverley Council [2012] NSWLEC 1247

Land and Environment Court New South Wales

Medium Neutral Citation: Gallard-Grant v Waverley Council [2012] NSWLEC 1247 Hearing dates: 22 August 2012 Decision date: 31 August 2012 Jurisdiction: Class 1 Before: Morris C Decision: Appeal dismissed Catchwords: Alteration and additions to residential flat building, bulk, scale, impact on views, whether aesthetic upgrade of a building warrants departure from planning controls. Legislation Cited: Waverley Local Environmental Plan 1996 Cases Cited: Zhang v Canterbury City Council [2001] NSWCA 167 Texts Cited: Draft Waverley Local Environmental Plan 2011; Waverley Development Control Plan 2010 Category: Principal judgment Parties: Gale Gallard-Grant (Applicant) Waverley Council (Respondent) Representation: Counsel Mr S Nash (Respondent) Solicitors Ms M Taylor, Bartier Perry (Applicant) Ms C Morton, Sparke Helmore(Respondent) File Number(s): 10300 of 2012

Judgment 1Ms Gallard-Grant owns a unit, known as Unit 1, at No. 52 Fletcher Street, Bondi. Unit 1 is the upper level unit and occupies the entire top floor of the building. Her architect lodged Development Application DA-108/2011 with Waverley Council on 14 March 2012 seeking consent to carry out alterations and additions to the strata titled residential flat building. The council refused consent and Ms Gallard-Grant is appealing that decision.

Background and the proposal 2Consent was sought for the following works: * Removal of the existing pitched roof and replacement with a new level, making the building in the location of the works a 4 level building. The new level would contain 2 bedrooms, bathroom, ensuite, open terrace and internal stairway extension that would form part of unit 1. * Extension of the lower level of unit 1 in a northerly direction to increase the living area of that unit. The extension occupies an areas currently used as a covered terrace. * Provision of a pergola to the north of the extended living area to unit 1. * Refurbishment of the remaining open deck with paving and replacement of the existing brick balustrade with glass balustrading. * Installation of new, larger windows to unit 1. * Provision of lift access from the garage level to units 1, 2 and 4 and to the street entry level. * Provision of a pergola and timber screen from the front entry stairs along the western side of the building to the southern entry foyer. * Enlargement/realignment and enclosure of the front balconies with louvred screens. * Enclosure of the west facing balconies to units 2 and unit 1 (existing level). * Provision of an additional terrace of the existing and proposed extended living area on the eastern side of unit 1. * Internal refurbishment of existing unit 1. * Alterations to the garage area of unit 1 to accommodate the proposed lift and general access from the stairwell. * Painting the building.