Reswent Pty Ltd v Waverley Council [2021] NSWLEC 1388

Land and Environment Court New South Wales

Medium Neutral Citation: Reswent Pty Ltd v Waverley Council [2021] NSWLEC 1388 Hearing dates: 11-12 May 2021 Date of orders: 6 July 2021 Decision date: 06 July 2021 Jurisdiction: Class 1 Before: Horton C Decision: The Court orders that: (1) The appeal is dismissed. (2) Development consent for Development Application No. DA-109/2020 for the demolition of the existing two-storey residential flat building and construction of a new three-storey residential flat building comprising 4 apartments and basement carpark at No 56 Sir Thomas Mitchell Road, Bondi Beach is refused. (3) All exhibits are returned, except for A, B and 7. Catchwords: DEVELOPMENT APPLICATION – heritage conservation area – residential apartment development in low density residential zone – existing use – whether compliance with development standard is unreasonable or unnecessary Legislation Cited: Environmental Planning and Assessment Act 1979, ss 4.65, 4.66, 4.67, 8.7 Environmental Planning and Assessment Regulation 2000, cll 41, 42, 44, 50 State Environmental Planning Policy No 65 – Design Quality of Residential Apartment Development Waverley Local Environmental Plan 2012, cll 2.3, 4.3, 4.4, 4.6 Cases Cited: Arbib v Waverley Council [2018] NSWLEC 1475 Bouchard v Waverley Council [2019] NSWLEC 1449 Saffioti v Kiama Municipal Council [2019] NSWLEC 57 Seaside Property Developments Pty Ltd v Wyong Shire Council [2004] NSWLEC 117 Woollahra Municipal Council v SJD DB2 Pty Limited [2020] NSWLEC 115 SJD DB2 Pty Ltd v Woollahra Municipal Council [2020] NSWLEC 1112 STM 123 No. 7 Pty Ltd v Waverley Council [2020] NSWLEC 1495 Wehbe v Pittwater Council (2007) 156 LGERA 446; [2007] NSWLEC 827 Woollahra Municipal Council v SJD DB2 Pty Limited [2020] NSWLEC 115 Texts Cited: Apartment Design Guide Waverley Development Control Plan 2012 Category: Principal judgment Parties: Reswent Pty Ltd (Applicant) Waverley Council (Respondent) Representation: Counsel: S Berveling (Applicant) M Staunton (Respondent)