Hewett v Waverley Council [2015] NSWLEC 1297

Land and Environment Court New South Wales

Medium Neutral Citation: Hewett v Waverley Council [2015] NSWLEC 1297 Hearing dates: 1, 2 and 5 June 2015 Date of orders: 09 July 2015 Decision date: 09 July 2015 Jurisdiction: Class 1 Before: Tuor C Decision: 1. The appeal is dismissed. 2. The development application (DA-100/2014) for the construction of a vehicular access ramp/driveway within the road reserve of Dellview St, providing access to hardstand car spaces located in the front setback to 20 and 22 Dellview St, Tamarama, is refused. 3. The exhibits, except Exhibits 2, A and B, are returned. Catchwords: DEVELOPMENT APPLICATION: vehicular access ramp/driveway within the road reserve and hardstand parking area, impact on streetscape, landscape setting and loss of vegetation, vehicular movements. Legislation Cited: Environmental Planning and Assessment Act 1979 Land and Environment Court Act 1979 Roads Act 1993 Local Government Act 1993 Waverley Local Environmental Plan 2012 Cases Cited: Ezzy Architects v Leichhardt Council [2014] 1178 Davies v Penrith City Council [2013] NSWLEC 1141 Pafburn v North Sydney Council [2005] NSWLEC 444 Project Venture Developments v Pittwater Council [2005] NSWLEC 191 Stockland Development Pty Ltd v Manly Council [2004] NSWLEC 472). Valen Properties v Hurstville City Council [2015] NSWLEC 1045 Zhang v Canterbury Council [2001] NSWCA 167 Texts Cited: Valen Properties v Hurstville City Council [2015] NSWLEC 1045 Zhang v Canterbury Council [2001] NSWCA 167 Category: Principal judgment Parties: Craig and Jane Hewett (Applicant)