Hall Street A Pty Ltd v Waverley Council [2020] NSWLEC 1235

Land and Environment Court New South Wales

Medium Neutral Citation: Hall Street A Pty Ltd v Waverley Council [2020] NSWLEC 1235 Hearing dates: 21 May 2020 Date of orders: 22 June 2020 Decision date: 22 June 2020 Jurisdiction: Class 1 Before: O'Neill C Decision: The orders of the Court are: (1) The Applicant is granted leave to amend the application to rely on amended architectural drawings and a conservation schedule as listed in condition A.1 of the conditions of consent at Annexure A. (2) The Applicant is to pay the Respondent's costs thrown away as a result of the amendment of the application, as agreed or assessed, pursuant to section 8.15(3) of the Environmental Planning and Assessment Act 1979. (3) The appeal is upheld. (4) Development Application No. 391/2018 for the partial demolition of existing buildings, the retention, refurbishment and change of use of a building listed as a local heritage item and construction of a shop top housing development containing 17 units, 2 retail spaces and basement parking over two levels, at 43-45 Hall Street, Bondi, is approved, subject to the conditions of consent at Annexure A. (5) The exhibits, other than Exhibits 1, A and H, are returned. Catchwords: DEVELOPMENT APPLICATION – retention and adaptive reuse of a cottage identified as a local heritage item and construction of a shop top housing development – existing use – contravention of the height of buildings development standard – design excellence – building separation and setbacks – solar access – privacy Legislation Cited: Environmental Planning and Assessment Act 1979 Land and Environment Court Act 1979 State Environmental Planning Policy No 65—Design Quality of Residential Apartment Development Waverley Local Environmental Plan 2012 Cases Cited: Four2Five Pty Ltd v Ashfield Council [2015] NSWLEC 90 Initial Action Pty Ltd v Woollahra Municipal Council (2018) 236 LGERA 256; [2018] NSWLEC 118 RebelMH Neutral Bay Pty Limited v North Sydney Council [2019] NSWCA 130 Wehbe v Pittwater Council (2007) 156 LGERA 446; [2007] NSWLEC 827 Texts Cited: Apartment Design Guide Waverley Development Control Plan 2012 Category: Principal judgment Parties: Hall Street A Pty Ltd (First Applicant) Hall Street B Pty Ltd (Second Applicant) Hall Street C Pty Ltd (Third Applicant) Waverley Council (Respondent) Representation: Counsel: A Galasso SC with A Hemmings (Applicants) M Staunton (Respondent)