MHN Design Union Pty Limited v Waverley Council [2022] NSWLEC 1405

Land and Environment Court New South Wales

Medium Neutral Citation: MHN Design Union Pty Limited v Waverley Council [2022] NSWLEC 1405 Hearing dates: 23-25 May 2022 Date of orders: 27 July 2022 Decision date: 27 July 2022 Jurisdiction: Class 1 Before: Horton C Decision: See directions at [110] Catchwords: DEVELOPMENT APPLICATION: shop top housing development – heritage conservation – effect of proposed development on item of heritage significance – whether proposal exhibits design excellence – remediation of land Legislation Cited: Architects Act 2003 Environmental Planning and Assessment Act 1979, ss 1.3, 4.15, 8.7 Environmental Planning and Assessment Regulation 2000, cll 3, 50, 55 Land and Environment Court Act 1979, s 39 State Environmental Planning Policy (Building Sustainability Index: BASIX) 2004 State Environmental Planning Policy No 55—Remediation of Land State environmental planning policy No 65 – Design quality of residential apartment development, cll 28, 30 State Environmental Planning Policy (Resilience and Hazards) 2021 Waverley Local Environmental Plan, Sch 5, cll 4.3, 4.6, 5.10, 6.2, 6.9, Cases Cited: Hall Street A Pty Ltd v Waverley Council [2020] NSWLEC 1235 RebelMH Neutral Bay Pty Limited v North Sydney Council [2019] NSWCA 130 STM123 No. 7 Pty Ltd v Waverley Council [2020] NSWLEC 1495 Texts Cited: Australia ICOMOS, The Burra Charter: The Australia ICOMOS Charter for Places of Cultural Significance, (October 2013) NSW Department of Planning and Environment, Apartment Design Guide, (July 2015) Category: Principal judgment Parties: MHN Design Union Pty Limited (Applicant) Waverley Council (Respondent) Representation: Counsel: A Galasso SC (Applicant) M Wright SC (Respondent)