Steley v Waverley City Council [2025] NSWLEC 1037

Steley v Waverley City Council [2025] NSWLEC 1037

The proposed development warrants refusal because the second driveway would detrimentally impact the streetscape, reduce the availability of on-street car parking in a high demand area, and negatively affect the community verge garden. The WDCP controls and objectives to minimise impacts and limit vehicle crossings were not satisfied. The public benefit of preserving on-street parking outweighs the private benefit of additional off-street parking. The development is contrary to public interest under s 4.15(1)(e).

Parties
First Applicant: Bruce Steley; Second Applicant: Michelle Steley; Respondent: Waverley City Council
Jurisdiction
Australia
Judgment Date
24 January 2025
Procedural Posture
Development Appeal / Final Hearing and Decision
Outcome
Appeal dismissed. Development application refused.
Legal Topics
Development Consent, On Street Parking, Streetscape Impacts, Verge Garden, Public Interest, Council Development Control Plans
Planning and Environment Law Development Consent On Street Parking Streetscape Impacts Verge Garden Public Interest Council Development Control Plans

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Parties

Bruce Steley

First Applicant

Michelle Steley

Second Applicant

Waverley City Council

Respondent

Procedural Posture

Development Appeal / Final Hearing and Decision

Legal Issues

  1. 1 Whether the proposed second driveway and basement garage meet planning controls and objectives for minimising streetscape and parking impacts
  2. 2 Whether the development is contrary to public interest due to the impact on the verge garden

Ratio Decidendi

The proposed development warrants refusal because the second driveway would detrimentally impact the streetscape, reduce the availability of on-street car parking in a high demand area, and negatively affect the community verge garden. The WDCP controls and objectives to minimise impacts and limit vehicle crossings were not satisfied. The public benefit of preserving on-street parking outweighs the private benefit of additional off-street parking. The development is contrary to public interest under s 4.15(1)(e).

Court Disposition

Appeal dismissed. Development application refused.

Orders

  • The appeal is dismissed.
  • Development application No. 392/2023 for alterations and additions to the existing semi-detached dwelling including integrated parking, basement extension and installation of a vehicle turntable at 24 Dudley Street Bondi is refused.