STM 123 No. 7 Pty Ltd v Waverley Council [2020] NSWLEC 1495

Land and Environment Court New South Wales

Medium Neutral Citation: STM 123 No. 7 Pty Ltd v Waverley Council [2020] NSWLEC 1495 Hearing dates: 15 September 2020 Date of orders: 26 October 2020 Decision date: 26 October 2020 Jurisdiction: Class 1 Before: Clay AC Decision: The Court orders: (1) Appeal dismissed. (2) Development application No. DA 85/2020 to construct an additional level to the approved four-storey shop-top housing development at lots 20 and 21 in Deposited Plan 5953 known as 2-4 Jaques Avenue, Bondi Beach is refused. (3) Exhibits other than exhibits A, B, and 1 be returned. Catchwords: DEVELOPMENT APPLICATION – additional level to approved four-storey shop-top housing development – exceedance of height control – clause 4.6 – whether objectives of height control met – whether sufficient planning grounds – character Legislation Cited: Conveyancing Act 1919 Environmental Planning and Assessment Act 1979 Land and Environment Court Act 1979 State Environmental Planning Policy No 65—Design Quality of Residential Apartment Development Cases Cited: Four2Five Pty Ltd v Ashfield Council [2015] NSWCA 248 GJD Property Pty Ltd v Waverley Council [2017] NSWLEC 1125 Grundy v Waverley Council [2016] NSWLEC 1526 Initial Action Pty Ltd v Woollahra Municipal Council (2008) 236 LGERA 256; [2018] NSWLEC 118 Project Venture Developments v Pittwater Council [2005] NSWLEC 191 RebelMH Neutral Bay Pty Limited v North Sydney Council [2019] NSWCA 130 STM 123 No. 7 Pty Ltd as a Trustee for the STM No. 7 Trust v Waverley Council [2016] NSWLEC 1313 Valen Properties ATF Valen Properties Trust v Hurstville City Council [2015] NSWLEC 1045 Wehbe v Pittwater Council (2007) 156 LGERA 446; [2007] NSWLEC 827 Segal & Anor v Waverley Council (2005) 64 NSWLR 177; [2005] NSWCA 310 Category: Principal judgment Parties: STM 123 No. 7 Pty Ltd (Applicant) Waverley Council (Respondent) Representation: Counsel: N Eastman (Applicant) A Galasso SC (Respondent)