Raymond v Waverley Council [2009] NSWLEC 1128

Raymond v Waverley Council [2009] NSWLEC 1128

Modification is granted with conditions as amenity concerns may be acceptably mitigated by requiring erection of a 1.8m lapped and capped fence along the relevant boundary, avoiding need to relocate windows, and approval of floor reconfiguration subject to restriction on use of study as bedroom.

Jurisdiction
Australia
Judgment Date
06 February 2009
Procedural Posture
Appeal / Judgment After Hearing
Outcome
Appeal upheld; modification approved with conditions.
Legal Topics
['section 96 Modification' 'amenity Impacts' 'heritage Conservation' 'building Consent Conditions']
['planning and Environment'] ['section 96 Modification' 'amenity Impacts' 'heritage Conservation' 'building Consent Conditions']

Case Brief

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Procedural Posture

Appeal / Judgment After Hearing

Legal Issues

  1. 1 ['Whether retrospective approval should be granted for relocated glass block windows and floor plan reconfiguration under section 96 modification.' 'Whether the modifications adversely affect neighbour amenity and privacy.']

Ratio Decidendi

Modification is granted with conditions as amenity concerns may be acceptably mitigated by requiring erection of a 1.8m lapped and capped fence along the relevant boundary, avoiding need to relocate windows, and approval of floor reconfiguration subject to restriction on use of study as bedroom.

Court Disposition

Appeal upheld; modification approved with conditions.

Orders

  • ['The section 96(6) appeal in respect of 314-316 Bronte Road is upheld.' 'The section 96 modification application to Waverley Council is granted, subject to stated conditions.' 'Exhibits are returned to the parties.' 'A lapped and capped fence to a height of 1800mm to be constructed along the specified boundary,...