Yugaro Pty Ltd v Waverley Council

Land and Environment Court

New South Wales

Medium Neutral Citation:

Yugaro Pty Ltd v Waverley Council [2011] NSWLEC 1102

Hearing dates:

4 April 2011

Decision date:

08 April 2011

Before:

Morris C

Decision:

1.The appeal is dismissed.

2.Development application DA 646/2010 for the construction of alterations and additions to an approved residential flat building at Nos. 184-186 Bronte Road, Waverley is determined by the refusal of development consent; and

3.The exhibits other than exhibits 1 and C are returned.

Catchwords:

Alterations and additions to approved residential flat building; impacts on adjoining property; compliance with planning controls; affordable housing.

Legislation Cited:

Environmental Planning and Assessment Act 1979; Waverley Local Environmental Plan 1996

Cases Cited:

Yugaro Pty Limited v Waverley Council [2010] NSWLEC 1073; Segal & Anor v Waverley Council [2005] NSWCA 310; Pan Pacific Property Group Pty Ltd v Waverley Council (2) [2010] NSWLEC 1041; Pafburn v North Sydney Council [2005] NSWLEC 444

Texts Cited:

Waverley Development Control Plan 2010

Category:

Principal judgment

Parties:

Yugaro Pty Ltd (Applicant)
Waverley Council (Respondent)

Representation:

Mr M Staunton (Respondent)
Mr G Green
Pikes Lawyers (Applicant)
Ms A Berry
Wilshire Webb Staunton Beattie Lawyers (Respondent)

File Number(s):

10001 of 2011

Judgment

1. This appeal is in relation to the deemed refusal of a development application (DA 646/2010) lodged on 16 November, 2010 with Waverley Council (the council) that proposed alterations and additions to an approved residential flat building.

1. The main contentions in the matter are the non-compliance with the council's development controls, the impact of the development on the adjoining property and the visual bulk and scale of the additions.

The site and its context

1. The site is known as Nos. 184-186 Bronte Road, Waverley (the site), is located on the eastern side of the roadway and also has frontage to Short Street, a road that functions more like a lane as it provides vehicle access to the properties fronting Bronte Road and also to St Clare's College, St Charles school, a high school, primary school and convent that occupy land on the opposite side of Short Street. No parking is permitted along Short Street and there is limited area provided as a footpath.

1. Development along Bronte Road in the vicinity of the site includes Waverley Primary School, Police Station and Courthouse and a number of two and three storey terrace houses and residential flat buildings.

1. The character of Short Street is mixed including the school buildings which range in height from single to five storey development, single storey garages built to the street boundary servicing those properties which front Bronte Road, a one and two storey industrial building, immediately to the north of the site, a two storey terrace house on the corner of Short and Church Streets and fences which enclose the rear yards of dwellings located to the south of the site.

1. Immediately to the north of the site is a one and two storey detached dwelling on an allotment which fronts Bronte Road (No. 180) and the industrial building…