Grice Lynch Architecture & Interiors v Waverley Council [2007] NSWLEC 676

Land and Environment Court of New South Wales

CITATION : Grice Lynch Architecture & Interiors v Waverley Council [2007] NSWLEC 676

APPLICANT Grice Lynch Architecture & Interiors PARTIES : RESPONDENT Waverley Council

FILE NUMBER(S) : 10283 of 2007, 10284 of 2007 and 10598 of 2007

CORAM: Hoffman C

KEY ISSUES: Development Application :- three smoking lounges at Beach Road Hotel, noise, Amenity of residents, compliance with authorities standards.

Environmental Planning and Assessment Act 1979 LEGISLATION CITED: Waverley Local Environmental Plan 1996 Waverley Development Control Plan 2006

CASES CITED: Whitehouse Properties Pty Ltd v Waverley Council [2007] NSWLEC 264

DATES OF HEARING: 23/08/2007, 24/08/2007 and 17/10/2007

DATE OF JUDGMENT: 19 October 2007

APPLICANT Mr G. Green, solicitor of Pike Pike and Fenwick

LEGAL REPRESENTATIVES:

RESPONDENT Mr S. Patterson, solicitor of Wilshire Webb Staunton Beattie

JUDGMENT: THE LAND AND ENVIRONMENT COURT OF NEW SOUTH WALES

Hoffman C

19 October 2007

10283 of 2007, Grice Lynch Architecture & Interiors v 10284 of 2007, Waverley Council 10598 of 2007

JUDGMENT 1 These are three Class 1 Appeals Nos 10283 of 2007, 10284 of 2007 and 10598 of 2007, between Grice Lynch Architecture & Interiors and Waverley Council. They are in regard to three (3) smoking lounges proposed at the Beach Road Hotel, Bondi. The hotel is located on the corner of Beach Rd and Glenayr Avenue, Bondi. The area has a mix of uses including detached dwellings, residential flat buildings, apartments above shops/commercial premises.