Bondi Beachside Pty Limited v Waverley Council [2022] NSWLEC 1355

Land and Environment Court New South Wales

Medium Neutral Citation: Bondi Beachside Pty Limited v Waverley Council [2022] NSWLEC 1355 Hearing dates: 2 May 2022 Date of orders: 6 July 2022 Decision date: 06 July 2022 Jurisdiction: Class 1 Before: Dickson C Decision: The Court orders that: (1) The appeal is upheld. (2) Development consent is granted to development application DA/415/2020 for conversion of the existing retail premises on the first floor of the existing building into three residential apartments and two retail premises and ground floor alterations to remove an existing stair and lift to create an additional ground floor retail premises at 182 Campbell Parade, Bondi Beach (Lot 204 DP 1211700), subject to the conditions of consent in Annexure A. (3) Exhibits are returned except for Exhibits A, B, J and 1. Catchwords: DEVELOPMENT APPLICATION – conversion of existing upper floor retail area to residential use – variation to the floor space ratio control – whether a written request to vary the floor space standard is required – whether design excellence is achieved – whether the development is contrary to the character of the precinct – acceptability of the amenity of the proposed apartments – appeal upheld Legislation Cited: Environmental Planning and Assessment Act 1979, ss 1.5, 4.15, 8.7 Environmental Planning and Assessment Regulation 2000, cl 55(1) Environmental Planning and Assessment Regulation 2021, ss 23(1), 28, 29 Land and Environment Court Act 1979, s 34 State Environmental Planning Policy 65 – Design Quality of Residential Apartment Development, cl 4 State Environmental Planning Policy (Building Sustainability Index: BASIX) 2004 State Environmental Planning Policy (Resilience and Hazards) 2021, cl 4.6 Cases Cited: HP Subsidiary Pty Ltd v City of Parramatta Council [2020] NSWLEC 135 Landcorp Australia Pty Ltd v The Council of the City of Sydney [2020] NSWLEC 174 Woollahra Municipal Council v SJD DB2 Pty Ltd [2020] NSWLEC 115 Texts Cited: NSW Department of Planning and Environment, Apartment Design Guide, (July 2015) Category: Principal judgment Parties: Bondi Beachside Pty Ltd (First Applicants) Bondi Beachside Rebel Pty Ltd (Second Applicants) Bondi Beachside Holdings Pty Ltd (Third Applicants) Waverley Council (Respondent) Representation: Counsel: P Tomasetti SC (Applicantss) S Simington (Solicitor) (Respondent)