MHN Design Union Pty Limited v Waverley Council (No.2) [2022] NSWLEC 1626

Land and Environment Court New South Wales

Medium Neutral Citation: MHN Design Union Pty Limited v Waverley Council (No.2) [2022] NSWLEC 1626 Hearing dates: 23-25 May 2022 Date of orders: 11 November 2022 Decision date: 11 November 2022 Jurisdiction: Class 1 Before: Horton C Decision: The Court orders that: (1) The appeal is upheld. (2) Development Application No 305/2021 seeking consent for alterations and additions to an existing building, including the demolition of the rear section of the outbuilding and construction of a new five storey shop top housing development to the rear comprising a basement level, new ground floor commercial premises and eight residential units above at 31-33 Hall Street, Bondi Beach is determined by the grant of consent, subject to conditions of consent at Annexure A. (3) All exhibits are returned, except for Exhibits A, W, Z and 7 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: Environmental Planning and Assessment Act 1979, s 4.16 State Environmental Planning Policy (Resilience and Hazards) 2021, s 4.6 Waverley Local Environmental Plan 2012, cll 6.1, 6.2 Cases Cited: MHN Design Union Pty Limited v Waverley Council [2022] NSWLEC 1405 Category: Principal judgment Parties: MHN Design Union Pty Limited (Applicant) Waverley Council (Respondent) Representation: Counsel: A Galasso SC (Applicant) M Wright SC (Respondent)