Nurmi v Waverley Council [2016] NSWLEC 1544

Land and Environment Court New South Wales

Medium Neutral Citation: Nurmi v Waverley Council [2016] NSWLEC 1544 Hearing dates: 7 & 8 November 2016 Date of orders: 18 November 2016 Decision date: 18 November 2016 Jurisdiction: Class 1 Before: Morris C Decision: Appeal dismissed Catchwords: DEVELOPMENT APPLICATION: alterations to dwelling house to provide a hardstand carparking space within the building line of existing semi-detached dwelling house Legislation Cited: Environmental Planning and Assessment Act 1979; Waverley Local Environmental Plan 2012 Cases Cited: Woolf v Waverley Council [2013] NSWLEC 1170 Texts Cited: Waverley Development Control Plan 2012 Category: Principal judgment Parties: Teena Nurmi (Applicant)

Waverley Council (Respondent) Representation: Counsel: Dr J Smith (Applicant)

Solicitors: Mr S Patterson Wilshire Webb Staunton Beattie (Respondent) File Number(s): 210143/2016

Judgment 1. Ms Nurmi owns land known as No 42 Knowles Avenue, North Bondi (site) and authorised lodgement of Development Application No. 474/2015 with Waverley Council seeking consent to carry out demolition and alterations to an existing semi-detached dwelling façade and setback to form a hardstand car space. 2. The council refused consent and a subsequent request for a review under the provisions of s82A of the Environmental Planning and Assessment Act 1979 (EP&AAct) Ms Nurmi is appealing that decision.

The site and its context 1. Knowles Avenue is a single block and is located between Murriverie Road and O'Donnell Street, North Bondi. The site is located on the eastern side of the street and is legally identified as Lot 2 in DP 850698. It is occupied by a single storey semi-detached dwelling with no vehicular access provided to the site and is adjoined by an attached dwelling on its southern side, that dwelling enjoying a driveway that runs along the southern side of the semi-detached dwelling. 2. The site is rectangular with a 6.2m frontage, 31.9m side boundaries and an area of 198.2sqm. It is generally flat. 3. Development along Knowles Avenue comprises semi-detached dwellings, originally similar in style to the subject dwelling, some maintain the original form and some have been the subject to alterations and additions. Where second floor additions have been constructed, they sit behind the front facades of the dwellings. 4. Similar to the site, each pair of dwellings has a driveway on one side with the one dwelling enjoying driveway access and the other either no vehicle access or, in a limited number of cases, parking forward of the dwelling. 5. Development beyond Knowles Avenue comprises primarily semi-detached dwellings and detached dwellings with a few low rise residential flat buildings. There is a small pocket pack where O'Donnell Street has been closed at its intersection with Vicars Avenue and Frederick Street.