Matthews v Waverley Council

Land and Environment Court

New South Wales

Medium Neutral Citation:	Matthews v Waverley Council [2012] NSWLEC 1042
Hearing dates:	20 February 2012
Decision date:	24 February 2012
Jurisdiction:	Class 1
Before:	Fakes C
Decision:	Appeal upheld subject to additional conditions
Catchwords:	Development Application; alterations and additions; carport in front of building line; visual impact on streetscape
Legislation Cited:	Environmental Planning and Assessment Act 1979 Waverley Local Environmental Plan 1996 Land and Environment Court Act 1979
Cases Cited:	Dickson Designs Pty Limited v Waverley Council [2008] NSWLEC 1295 Lucas v Waverley Council [2009] NSWLEC 1390 Teasdale and Anor v Waverley Council [2010] NSWLEC 1049 Zhang v Canterbury City Council [2001] NSWCA 167 Segal v Waverley Council [2005] NSWCA 310
Category:	Principal judgment
Parties:	Mr J Matthews (Applicant) Waverley Council (Respondent)
Representation:	Applicant: Ms M Taylor (Solicitor) Respondent: Ms C Morton (Respondent) Applicant: Bartier Perry Respondent: Sparke Helmore
File Number(s):	11046 of 2011

Judgment

1. COMMISSIONER: This is an appeal against the refusal by Waverley Council of Development Application No. DA-205/2011 for alterations and additions to a dwelling at 48-50 Blenheim Street Queens Park. The appeal is made under s 97 of the Environmental Planning and Assessment Act 1979.

1. The alterations include the modification of the front verandah and street facade and the erection of a new carport and front fence on the western/ street frontage, and new external stairs to the southern shared boundary. The design introduces a flat roof over the verandah and carport. The construction of the elevated slab for the carport requires the removal of a small Magnolia tree. The fence is to comprise masonry pillars with horizontal timber slats.

The site and locality

1. The site is located at the southern end of Blenheim Street on the eastern side of the road. The western side of Blenheim Street is a heritage conservation area. The eastern side of the street is included in the Blenheim Gully Conservation Area - the gully being at the rear of the dwellings. The site is not listed as a heritage item.

1. The site was originally two semi-detached dwellings. In 2004, council approved development application (DA-363/2003) to convert the two dwellings into one three-storey dwelling including a new top floor addition. The works on this DA have commenced but are not yet finalised, including the top floor addition. The entrance to the dwelling is set below street level.

1. The street comprises a mixture of single and two storey free-standing and semi-detached dwellings of a range of ages and architectural styles. Of relevance is the presence of a smash repairs workshop with a frontage to Blenheim Street. More than half the eastern side of the street has been developed as attached terraces (of traditional design with small front gardens and picket fences) with provision for underground parking. The entrance to the underground carpark is through large gates at the southern end of the development. To the immediate north of the site are three contemporary developments with garage doors and/or off-street parking at the street frontage. Opposite…