Blackman v Waverley Council

Land and Environment Court

of New South Wales

CITATION:

Blackman v Waverley Council [2007] NSWLEC 173

PARTIES:

APPLICANT
Adam & Andrea Blackman

RESPONDENT
Waverley Council

FILE NUMBER(S):

10013 of 2007

CORAM:

Bly C

KEY ISSUES:

Development Application :- construction of a two car carport, streetscape and character.

LEGISLATION CITED:

Environmental Planning and Assessment Act 1979
Waverley Local Environmental Plan 1996
Waverley Development Control Plan 2006

DATES OF HEARING:

28/03/2007

EX TEMPORE JUDGMENT DATE:

28 March 2007

LEGAL REPRESENTATIVES:

APPLICANT
Mr T. Riley, solicitor
of Terrence W. Riley Solicitors

RESPONDENT
Mr M. Staunton, solicitor
of Staunton Beattie

JUDGMENT:

THE LAND AND
ENVIRONMENT COURT
OF NEW SOUTH WALES

Bly C

28 March 2007

10013 of 2007 Adam & Andrea Blackman v Waverley Council

This decision was given extemporaneously on site. It has been revised and edited prior to publication.

JUDGMENT

1 This appeal relates to Development Application No. 469/2006, which is for a construction for a two car carport in front of the existing dwelling house at No. 26 Lyons Street, Dover Heights.

2 The car port is to measure about 5.6 m by 6 m and has minimal setbacks to the east boundary and the northern street boundary. It is to have a flat roof with a sliding steel mesh gate having an open character to match the existing steel picket front fence. It will be a little over 2.4 m high.

3 The site is included in the Residential 2(a) zone under the Waverley Local Environmental Plan 1996 (“the LEP”) and in this zone the proposed development is permissible with development consent. Relevantly applicable the Waverley Development Control Plan 2006 (“the DCP”).

4 Part D - Residential of the DCP includes controls and provisions relating to streetscape and under the heading Desired Future Character Objectives it provides that:

The established scale, open character and view quality of streets be preserved and that consistent front, side and rear setbacks be retained so as to define a coherent street corridor and reinforce the established detached dwelling character. The relevant performance criteria include the need for setbacks to be consistent with the predominant character of the street so as to enhance street surveillance and avoid unattractive facades at the street level.

5 Section 5.7 of the DCP deals with vehicular access and parking and includes objectives to the effect that the design and size of off-street parking facilities should not unreasonably detract from the appearance and quality of the dwelling house or streetscape. This objective can be achieved by garages and carports being designed as to not to detract from the architectural integrity of the dwelling and not dominating the streetscape. The relevant controls require that garages and carports have a design that integrates with the associated dwelling. Double garages/carports should not front the street and all car accommodation is to be located behind the building line.

6 The application was notified and no submissions were received. I note however, that as part of the application the applicant provided to the council several…