Glenayr Avenue Pty Ltd v Waverley Council [2013] NSWLEC 1253

Land and Environment Court New South Wales

Medium Neutral Citation: Glenayr Avenue Pty Ltd v Waverley Council [2013] NSWLEC 1253 Hearing dates: 21 and 22 October 2013 Decision date: 20 December 2013 Jurisdiction: Class 1 Before: Tuor C Decision: 1. The appeal is dismissed. 2. The development application for a shop top housing development at 87 to 89 Glenayr Avenue and 13 to 15 Warners Avenue, Bondi Beach, is refused. 3. The exhibits, except Exhibits 1 and A are returned. Catchwords: DEVELOPMENT APPLICATION: shop top housing development. Request for exception to height and floor space ratio standards. Legislation Cited: Environmental Planning and Assessment Act 1979 Land and Environment Court Act 1979 State Environmental Planning Policy No 65 - Design Quality of Residential Flat Buildings State Environmental Planning Policy No 1 - Development Standards Waverley Local Environmental Plan 2012 Cases Cited: Wehbe v Pittwater Council [2007] NSWLEC 827 Category: Principal judgment Parties: Glenayr Avenue Pty Ltd (Applicants)

Waverley Council (Respondent) Representation: Mr J Robson SC (Applicant)

Mr M Staunton (Respondent) Landerer & Company (Applicant) Wilshire Webb Staunton Beattie (Respondent) File Number(s): 10273 of 2013

Judgment 1This is an appeal under s 97 of the Environmental Planning and Assessment Act 1979 (EPA Act) against the deemed refusal by Waverley Council (council) of a development application (DA-575/2012) for a shop top housing development at 87 to 89 Glenayr Avenue and 13 to 15 Warners Avenue, Bondi Beach (site). 2The key issues in contention between the parties are the height, bulk and scale of the proposal and whether the requirements for an exemption to the height and floor space ratio (FSR) standards in Waverley Local Environmental Plan 2012 (WLEP) are satisfied.