Double Happiness Company Pty Limited v Waverley Council [2014] NSWLEC 1225

Land and Environment Court New South Wales

Medium Neutral Citation: Double Happiness Company Pty Limited v Waverley Council [2014] NSWLEC 1225 Hearing dates: 30 October 2014 Decision date: 04 November 2014 Jurisdiction: Class 1 Before: O'Neill C Decision: 1.The appeal is dismissed. 2.Development Application No. 484/2013 for alterations to an existing semi-detached dwelling to accommodate an on-site car parking space within the front setback is refused. 3.The exhibits, other than exhibits 2 and F, are returned. Catchwords: DEVELOPMENT APPLICATION: alterations and additions to an existing semi-detached dwelling; parking space within the front setback; streetscape impact; precedent; loss of on-street parking space. Legislation Cited: Environmental Planning and Assessment Act 1979 Land and Environment Court Act 1979 Cases Cited: Stockland Development Pty Ltd v Manly Council [2004] NSWLEC 472 Category: Principal judgment Parties: Double Happiness Company Pty Ltd (Applicant) Waverley Council (Respondent) Representation: Ms S Duggan SC (Applicant) Mr S Patterson Solicitor (Respondent) Deutsch Miller (Applicant) Wilshire Webb Staunton Beattie Lawyers (Respondent) File Number(s): 10678 of 2014

Judgment 1COMMISSIONER: This is an appeal pursuant to the provisions of s 97 of the Environmental Planning and Assessment Act 1979 against the refusal of Development Application No. 484/2013 for alterations to an existing semi-detached dwelling to accommodate an on-site car parking space within the front setback (the proposal) at 64 Plowman Street, North Bondi (the site) by Waverley Municipal Council (the Council). 2The appeal was subject to mandatory conciliation on 30 October 2014, in accordance with the provisions of s 34AA of the Land and Environment Court Act 1979. As agreement was not reached during the conciliation phase, the conciliation conference was terminated, pursuant to s 34AA(2)(b) and the proceedings dealt with as a hearing held forthwith, pursuant to s 34AA(2)(b)(i).