Jackson Teece Chesternan Willis v Waverley Council [2006] NSWLEC 460

Land and Environment Court of New South Wales

CITATION : Jackson Teece Chesternan Willis v Waverley Council [2006] NSWLEC 460

PARTIES : APPLICANT Jackson Teece Chesterman Willis v Waverley Council

FILE NUMBER(S) : 11413 of 2005

CORAM: Tuor C

Development Application :- Mixed use residential/retail development KEY ISSUES: consistency with existing and future context internal amenity, solar access, daylight and car park entry

Environmental Planning and Assessment Act 1979 LEGISLATION CITED: Waverley Local Environmental Plan 1996 Waverley Development Control Plan No 1 – Multi Unit Housing State Environmental Planning Policy No 65 – Design Quality of Residential Flat Buildings

CASES CITED: Zhang v Canterbury Council [2001] NSWCA 167

DATES OF HEARING: 10-11/04/2006

DATE OF JUDGMENT: 07/25/2006

APPLICANT Mr I Hemmings, barrister

SOLICITORS Pike Pike and Fenwick LEGAL REPRESENTATIVES: RESPONDENT Mr S Brockwell, barrister

SOLICITORS Staunton Beattie

JUDGMENT: THE LAND AND ENVIRONMENT COURT OF NEW SOUTH WALES

Tuor C

25 July 2006

11413 of 2005 Jackson Teece Chesterman Willis v Waverley Council

JUDGMENT

1 COMMISSIONER: This is an appeal against the deemed refusal by Waverley Council (the council) of a development application (DA 652/2005) under the Environmental Planning and Assessment Act 1979 (the Act) for a mixed use residential/retail development at 30A Hastings Parade, Bondi Beach (the site). 2 For the reasons set out in this judgment I have concluded that the appeal should be dismissed and development consent refused. The site and its context 3 The site is at the north west corner of Hastings Parade and Wairoa Avenue. It is rectangular in shape with a frontage to Hastings Parade of 15.24m, a frontage to Wairoa Avenue of 30.57m and a site area of 462.8sqm. The site is developed with a single storey building which was formally used as Bondi Police Station and is currently vacant. 4 Adjoining the site to the north is a two storey residential flat building, which is part of a group of flat buildings which extend to Blair Street. Adjoining development to the west along Hastings Parade is one and two storey houses. On the opposite side of Hastings Parade is Wairoa Reserve, which adjoins Wairoa Public School. Opposite the site on the north east corner of Hastings Parade and Wairoa Avenue is a three storey residential flat building with ground floor parking. On the south east corner is a two storey mixed use development with a ground floor shop. 5 The surrounding area is generally a mixture of residential flat buildings and houses with shops occurring on corner locations. There is no consistent scale, height or architectural style of built or landscape character. The proposal and its history 6 The application was lodged on 18 October 2005 and was notified to adjoining and nearby residents. Council received nine objections. 7 An appeal against council's deemed refusal of the application was lodged on 30 November 2005. Amended plans were submitted on 23 January 2006. Further amendments were made to the plans prior to and during the hearing. These amendments were incorporated into the version "E" plans filed on 13 April 2006, for which approval is sought.