Fuller Associates v Waverley Council [2007] NSWLEC 845

Land and Environment Court of New South Wales

CITATION : Fuller Associates v Waverley Council [2007] NSWLEC 845

APPLICANT Peter Fuller Associates Architects Pty Limited PARTIES : RESPONDENT Waverley Council

FILE NUMBER(S) : 10912 of 2007

CORAM: Brown C

KEY ISSUES: Development Application :- existing use rights - demolition of the existing structures and construction of a five level mixed use development - height, bulk, scale - design

LEGISLATION CITED: Environmental Planning and Assessment Act 1979 Waverley Local Environmental Plan 1996

CASES CITED: Fodor Investments v Hornsby Shire Council [2005] NSWLEC 71

DATES OF HEARING: 06/12/07

EX TEMPORE JUDGMENT DATE : 6 December 2007

APPLICANT Mr M Craig QC SOLICITORS Susan Hill & Associates LEGAL REPRESENTATIVES: RESPONDENT Mr M Staunton, barrister SOLICITORS Wilshire Webb Staunton Beattie

JUDGMENT: THE LAND AND ENVIRONMENT COURT OF NEW SOUTH WALES

Brown C

6 December 2007

10912 of 2007 Peter Fuller Associates Architects Pty Limited v Waverley Council

JUDGMENT 1 COMMISSIONER: This is an appeal against the refusal by Waverley Council (the council) of Development Application No 017/03 that involves the demolition of the existing structures on site and the construction of a five level (including basement level for parking) mixed use development comprising ground level, retail and three upper levels containing 9 residential apartments at 57-59 Beach Road Bondi Beach (the site). The site 2 The site is made up of two separate lots, being Lot 29 in DP 8193 and Lots 1–4 in Strata Plan 11170. It is rectangular in shape and has a street frontage to Beach Road and Glenayr Avenue of 27.43 m and 19.05 m respectively. The northern boundary is 27.43 m and the eastern boundary is 19.02 m. The site has an area of 521.72 sq m.