Iglu No. 208 Pty Limited as Trustee for Iglu Property Trust No. 208 v Waverley Council [2020] NSWLEC 1356

Land and Environment Court New South Wales

Medium Neutral Citation: Iglu No. 208 Pty Limited as Trustee for Iglu Property Trust No. 208 v Waverley Council [2020] NSWLEC 1356 Hearing dates: 25 and 26 June 2020 Date of orders: 24 July 2020 Decision date: 26 June 2020 Jurisdiction: Class 1 Before: Clay AC Decision: The Court orders: (1) The appeal is upheld. (2) Development Application DA-421/2018 for the demolition of the existing commercial building and construction of a new 11-storey lifestyle hotel development with a total of 197 rooms and associated amenities (including a lobby, conference rooms, co-working spaces, gymnasium and café) and associated signage, above one basement level at 5-11 Hollywood Avenue, Bondi Junction is approved, subject to the conditions set out in Annexure "A". (3) Exhibits other than A, B, D, E and 4 are returned. Catchwords: DEVELOPMENT APPLICATION – Lifestyle Hotel – Consent orders – exceedance of height control – resident objections Legislation Cited: Environmental Planning and Assessment Act 1979 Land and Environment Court Act 1979 Roads Act 1993 Waverley Local Environmental Plan 2012 Cases Cited: Eaton & Sons Pty Ltd v Warringah Shire Council (1972) 129 CLR 270; [1972] HCA 33 Initial Action Pty Ltd v Woollahra Municipal Council (2018) 236 LGERA 256; [2018] NSWLEC 118 Moslem Alawy Society Ltd v Canterbury Municipal Council (1983) 51 LGRA 79 RebelMH Neutral Bay Pty Limited v North Sydney Council [2019] NSWCA 130 Ryde Municipal Council v The Royal Ryde Homes [1970] 1 NSWR 277; (1970) 19 LGRA 321 Wehbe v Pittwater Council (2007) 156 LGERA 446; [2007] NSWLEC 827 Texts Cited: Apartment Design Guide Land and Environment Court of New South Wales, COVID-19 Pandemic Arrangements Policy, (March 2020) Waverley Development Control Plan 2012 Category: Principal judgment Parties: Iglu No. 208 Pty Limited as Trustee for Iglu Property Trust No. 208 (Applicant) Waverley Council (Respondent) Representation: Counsel: M Parrino (Solicitor) (Applicant) S Patterson (Solicitor) (Respondent)