284 Bronte Road Developments Pty Ltd v Waverley Council [2005] NSWLEC 145

Land and Environment Court of New South Wales

CITATION : 284 Bronte Road Developments Pty Ltd v Waverley Council [2005] NSWLEC 145

284 Bronte Road Developments Pty Ltd

PARTIES : RESPONDENT Waverley Council

FILE NUMBER(S) : 10087 of 2005

CORAM: Hoffman C

Appeal :- Section 96 development application to amend existing consent - streetscape - conservation area KEY ISSUES:

Waverley Local Environmental Plan 1996 LEGISLATION CITED: Development Control Plan No. 6

DATES OF HEARING: 23/03/2005 EX TEMPORE JUDGMENT DATE : 03/23/2005

APPLICANT Mr V Conomos, solicitor SOLICITORS Pike Pike & Fenwick

LEGAL REPRESENTATIVES: RESPONDENT Mr G Hartley, solicitor SOLICITORS Staunton Beattie

JUDGMENT: THE LAND AND ENVIRONMENT COURT OF NEW SOUTH WALES

Hoffman C

23 March 2005

10087 of 2005 284 Bronte Road Developments Pty Ltd v Waverley Council

JUDGMENT

1 This was a s 96 application in appeal No. 10087 of 2005 between 284 Bronte Road Developments Pty Ltd and Waverley Council. The application was to amend DA 174/2003 dated 20 June 2003 issued by Waverley Council for a 3-storey mixed use development of shops and apartments at 284-292 Bronte Road, Waverley.

2 The location was in a conservation area known as Charing Cross under Waverley Local Environmental Plan 1996.

3 The Statement of Significance of Charing Cross was mainly its streetscape which dated back to the 1800's. The Court was directed to Development Control Plan No. 6 that was specifically for Charing Cross. Clause 5 within that document was accepted as the Statement of Heritage Significance. The National Trust in 1987 identified Charing Cross as an urban conservation area containing well preserved examples of late 19th and early 20th century commercial architecture. Its buildings are rich in detail, presenting focal points of interest; each shopfront commanding individual attention, yet through their cohesiveness of style and height, provide a rhythm to the façade which presents an impressive vista when viewed, along the length of Bronte Road. 4 Charing Cross is recognised in its: o historic and aesthetic appeal o repetition of like building forms o relatively intact presentation 5 These shopfronts have been almost consistently retained along the length of this commercial precinct and have predominantly been developed in the following styles: o Victorian Italianate, o Federation freestyle, o Art-deco o inter-war Functionalist. 6 The single issue in the appeal was caused by a change sought to the street façade of the building, and the reasons for the dispute were: 1. whether or not the proposed openings would detrimentally affect the masonry quality of the building's parapet façade; 2. the streetscape presentation of the building; and 3. the character of the Charing Cross Conservation Area. 7 The parties attending the on-site hearing for the respondent were: o Mr G Hartley, solicitor and o Mr P Bull, town planner 8 Appearing on behalf of the applicant were: o Mr V Conomos, solicitor o Mr G Brooks, heritage consultant o Mr S Harding, town planner 9 The Court was shown the existing openings in the façade said to be those the applicant intended. But it became evident when looking at the building that the openings as built were not as large as shown on the s 96 application. They were as built the same size as the original approved recessed panels but were located a little higher on the facade. The correct location and size of the panels was marked in Red on Exhibit C which was a copy of Drawing No. DA04 Issue F by "The Architecture Company".