Finney v Waverley Council

Land and Environment Court New South Wales Medium Neutral Citation: Finney and anor v Waverley Council [2015] NSWLEC 1527 Hearing dates:18 November, 16 December 2015Date of orders: 16 December 2015 Decision date: 16 December 2015 Jurisdiction:Class 1Before: Hussey AC Decision: 1. The appeal is dismissed.2. Development Application DA – 490/2014 for alterations to the front façade for a new hardstand space, landscaping, front fence and garden at 54 O’Donnell Street, North Bondi is refused.3. The exhibits may be returned except 1, 4 and A. Catchwords: Development Application: Alterations to the front façade of dwelling to allow for a hard stand space within the front setback area. Inadequate space, streetscape, loss of on-street parking and precedent. Legislation Cited: (a)Environmental Planning and Assessment Act ("EP&A Act") (b)Environmental Planning and Assessment Regulations 2000 ("EP&A Regulations). (c)State Environmental Planning Policy 55 - Remediation of Land ("SEPP 55") (d)Waverley Local Environmental Plan 2012 ("WLEP"); Under which the site is zoned R3 Medium Density Residential and is not listed as a heritage item or within a conservation area (e)Waverley Development Control Plan 2012 - Amendment No. 2 ("WDCP"). Cases Cited: Nil Texts Cited: Nil Category:Principal judgmentParties: Justin Finney and Meegan Finney (Applicant) Waverley Council (Respondent) Representation: Solicitors: Ms E Whitney (Respondent) Wilshire Webb Staunton Beattie Lawyers Ms S Hill (Applicant) Hones Lawyers File Number(s):10716 of 2015Publication restriction:NilJudgmentBackground This appeal is against Council’s refusal of a development application to alter the front façade of a dwelling located at 54 O’Donnell Street, North Bondi so as to provide...