NSW Caselaw
Land and Environment Court New South Wales
Medium Neutral Citation: Woolf v Waverley Council [2013] NSWLEC 1170 Hearing dates: 10 September 2013 Decision date: 11 September 2013 Jurisdiction: Class 1 Before: Fakes C Decision: Appeal dismissed Catchwords: Modification: Deletion of a condition; parking forward of building line; non-compliant dimensions; changes to DCP; stormwater and drainage. Legislation Cited: Environmental Planning and Assessment Act 1979 Land and Environment Court Act 1979 Waverley Local Environmental Plan 2012 Cases Cited: Deguara v Waverley CouncilCoop v Waverley Council [2012] NSWLEC 1305 Stockland Development Pty Ltd v Manly Council [2004] NSWLEC 742 Zhang v Canterbury Council [2001] NSWCA 167 Category: Principal judgment Parties: Ryan Woolf (Applicant) Waverley Council (Respondent) Representation: Applicant: Mr D Loether (Solicitor) Respondent: Mr T Flaherty (Solicitor) Applicant: Bartier Perry Respondent: Wiltshire Webb Staunton Beattie Lawyers File Number(s): 10476 of 2013
Judgment This decision was given as an extemporaneous decision. It has been revised and edited prior to publication. 1COMMISSIONER: In 2008, Waverley Council granted consent for alterations and additions to a semi-detached dwelling at 5 Roe Street, North Bondi (the site). Amongst other things, that development application sought a car space forward of the building line. 2Development Consent No. 496/2008 included condition 2(b) which stated: 2. GENERAL MODIFICATIONS The proposal shall be amended as follows: (b) The proposed hardstand car parking space in the front yard is not approved as the location and size of the car parking space is in direct conflict with Development Control Plan 2006. 3The applicant has appealed to the Court under s 97AA of the Environmental Planning and Assessment Act 1979 (the Act) seeking consent to Modification Application DA-496/2008/A for the deletion of that condition of consent and subsequent construction of a hardstand car parking space in front of the existing dwelling.
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