Julian Segal, and Lucille Melanie Segal v Waverley Council [2004] NSWLEC 60 | Case summary

Land and Environment Court (NSW)|2003-10-31

The applicant/owner to conform to the requirements, of various public authorities in respect to any service adjustments that may be necessary and a copy of written approval from these authorities should be forwarded to Council prior to work beginning.

The existing high-level concrete footpath and the stone retaining wall are to be reconstructed to the satisfaction of the Manager - Technical Services. 41. The turfed area and landscape areas are to be to the satisfaction of the Council's Park Manager and he should be consulted regarding this prior to the work being undertaken.

The finish of the retaining wall forming the entrance is to be sandstone blocks in lieu of rendered concrete so as to integrate the garage into the existing embankment.

No approval is given to the replacement of the stairs on the northern side of the garage linking the street and the high level footpath.

A balustrade is to be provided along the eastern edge of the upper footpath with the extent and detail of the type of balustrade being to the satisfaction of the Manager - Technical Services and heritage adviser.

Prior to the commencement of any works (including the excavation stage) the applicant is to obtain a structural assessment of the Gardyne Street road pavement and central roadway retaining structure along the frontage of the subject site. Photographic evidence of existing conditions should be included. The structural assessment shall identify, inter alia , the load bearing strength of the roadway elements and what measures would be necessary to retain its structural integrity during the excavation and construction stages of the development. The structural engineer shall take due account of the excavation / construction sequence for the arrival & departure of construction plant, equipment, vehicles as well as the number of trucks involved in the cartage of excavated material from the site. The full impact of dynamic and static loads are to be assessed during excavation / construction phases for the subject development. A bond, as determined by Council, shall be paid by the applicant to rectify any structural damage to the public road that occurs during the excavation and construction phases of the project. Further costs will be claimed against the applicant should the cost of rectification works exceed the bond amount.

The applicant shall, at the completion of the proposed development and prior to occupation, undertake a further structural assessment of the frontage road pavement and central roadway retaining wall integrity and provide Council copies of that assessment. Photographic evidence of post development conditions should be included.

The traffic management plan (TMP) for both the excavation and construction phases for the proposed development shall be prepared to the satisfaction of the council including, inter alia, the following elements:

a) All trucks shall be restricted to a maximum length of 6.7 metres. b) A maximum of 4 loaded truck trips per day from the site shall be permitted for the cartage of excavated material from the site, unless the applicant applies for a separate application for increased daily trips and approved by Council. c) The number of trucks visiting the site shall be restricted to a maximum of two trucks at any one time, unless a separately approved construction zone is endorsed by the Council, which allows a greater length of the kerbside for the part-time construction zone. The minimum length of the construction zone shall include the property frontage length and permit the temporary parking of a maximum of two 6.7m length trucks. The overall length required expected to be 17 metres. d) No vehicles shall block the operation of Gardyne Street for the efficient use by the general public unless controlled by an approved traffic management plan. e) The footpath shall be available at all times for the efficient use by the general public unless controlled by an approved traffic management plan. 48. The owner will construct a white wooden handrail similar to that on the public stairs with open mesh stainless steel wire or vertical stainless steel wire, between the footpath ad the garage opening complying with the Building Code of Australia.

Prior to commencement of the works the applicant is to prepare and submit a record of the existing configuration of the area to be affected by the works prepared to the standard set out in the NSW Heritage Office published "Guidelines for Photographic Recording of Heritage Sites, Buildings and Structures (2001)". 50. Prior to commencement of the works the applicant is to provide the detailed design of the upturned beam supporting the footpath in front of the land so that the concrete beam would not exceed 400mm in height with stone coursing over, of the 'high waisted' boarded doors on a horizontal track to enable the doors to slide to one side, and asphaltic finish to the driveway, which are to be to the satisfaction of Council's Manager-Technical Services and Council's Heritage Advisor.

              S J Watts
              Commissioner of the Court

DISCLAIMER - Every effort has been made to comply with suppression orders or statutory provisions prohibiting publication that may apply to this judgment or decision. The onus remains on any person using material in the judgment or decision to ensure that the intended use of that material does not breach any such order or provision. Further enquiries may be directed to the Registry of the Court or Tribunal in which it was generated.

CITATION : Julian Segal, and Lucille Melanie Segal v Waverley Council [2004] NSWLEC 60 APPLICANT Julian Segal, and Lucille Melanie Segal PARTIES : RESPONDENT Waverley Council FILE NUMBER(S) : 10547 of 2003 CORAM: Watts C Development Application :- Excavation KEY ISSUES: bulk and wall height heritage impacts

Julian Segal, and Lucille Melanie Segal v Waverley Council

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