Jackson Teece v Waverley Council [2007] NSWLEC 69

Land and Environment Court of New South Wales

CITATION : Jackson Teece v Waverley Council [2007] NSWLEC 69

Applicant: Jackson Teece Architects PARTIES : Respondent: Waverley Council

FILE NUMBER(S) : 10879 of 2006

CORAM: Roseth SC

KEY ISSUES: Development Application :- performance-based planning instruments

DATES OF HEARING: 07/02/2007 and 08/02/2007

DATE OF JUDGMENT: 15 February 2007

Applicant: LEGAL REPRESENTATIVES: Ms S Duggan, barrister instructed by Mr V Conomos of Pike Pike & Fenwick Respondent: Mr S Brockwell, barrister instructed by Ms E Hillier of Staunton Beattie

JUDGMENT:

THE LAND AND ENVIRONMENT COURT OF NEW SOUTH WALES

Roseth SC

15 February 2007

10879 of 2006 Jackson Teece Architects v Waverley Council

JUDGMENT 1 Senior Commissioner: This is an appeal against the deemed refusal of a development application to demolish the existing police station and construct a four-storey residential flat building containing a shop and ten apartments on lot 1 DP 15662, known as 30A Hastings Parade, Bondi Beach.

The site 2 The site is on the northwest corner of Hastings Parade and Wairoa Avenue. Its frontage to Hastings Parade is 15m, to Wairoa Avenue 31m and its area is 462m2. A single-storey police station now stands on the site. 3 The development on Hastings Parade west of the site, though zoned 2(c), is mainly one and two-storey houses. On the other side of the street is Wairoa Reserve. On the northeast corner of Hastings Parade is a three-storey apartment buildings above ground-floor parking. Despite the existence of this building, the area east of the site is zoned 2(a). Adjoining to the north is a two-storey apartment building.