Baker Kavanagh Architects v Waverley Council [2004] NSWLEC 542

Land and Environment Court of New South Wales

CITATION : Baker Kavanagh Architects v Waverley Council [2004] NSWLEC 542 APPLICANT Baker Kavanagh Architects PARTIES : RESPONDENT Waverley Council FILE NUMBER(S) : 10441 of 2004 CORAM: Bly C - Murrell C KEY ISSUES: Development Application :- Construction of backpackers accommodation with associated car parking - intensity of development - impact on amenity of area. Environmental Planning and Assessment Act LEGISLATION CITED: Waverley Local Environmental Plan 1996 Bondi Beach Urban Design Development Control Plan Development Control Plan No. 12 CASES CITED: CSA Architects v Waverley Council [11102 of 2001] DATES OF HEARING: 9-11/08/2004 DATE OF JUDGMENT: 09/27/2004

APPLICANT Mr C McEwen, barrister SOLICITORS Pricewaterhouse Coopers Legal LEGAL REPRESENTATIVES: RESPONDENT Mr J E Robson, barrister SOLICITORS Staunton Beattie

JUDGMENT: IN THE LAND AND ENVIRONMENT COURT OF NEW SOUTH WALES

Bly C Murrell C

30 September 2004

10441 of 2004 Baker Kavanagh Architects v Waverley Council

JUDGMENT 1 This appeal relates to Development Application LD127/04 for the construction of a backpacker accommodation facility in a five level building, incorporating 366 beds in 80 rooms together with associated amenities and facilities and basement car parking for 27 vehicles at 6-8 Jaques Avenue, Bondi Beach. 2 The cleared site is situated on the eastern side of Jaques Avenue, close to its intersection with the Lamrock Avenue. It is rectangular in shape having a western boundary and frontage to Jaques Avenue of 24.38 m, a depth of 36.5 m and an area of 891.5 sq m. It is generally level with the gentle rise from its frontage towards the rear boundary.