SDHA Pty Limited v Waverley Council [2014] NSWLEC 1230

Land and Environment Court New South Wales

Medium Neutral Citation: SDHA Pty Limited v Waverley Council [2014] NSWLEC 1230 Hearing dates: 20 October 2014 Decision date: 06 November 2014 Jurisdiction: Class 1 Before: Brown C Decision: 1. The appeal is dismissed. 2. Application DA-619/2007/J to modify the approval for the redevelopment of the Swiss Grand Hotel building at 180-186 Campbell Parade, Bondi Beach is refused. 3. The exhibits are returned with the exception of exhibit 1. Catchwords: MODIFICATION: existing development consent for adaptive reuse of building for residential apartments, hotel apartments, retail space and car parking - modification for additional 117 sq m of floor area for Units 505 and 506 to include an additional bedroom, ensuite and walk-in-robe within 2 new curved roof elements on the uppermost floor - whether substantially the same development for which development consent was granted - excessive visual bulk Legislation Cited: Environmental Planning and Assessment Act 1979 Cases Cited: Moto Projects (No 2) Pty Ltd v North Sydney Council (1999) 106 LGERA 298 Category: Principal judgment Parties: SDHA Pty Limited (Applicant) Waverley Council (Respondent) Representation: Mr P Tomasetti SC (Applicant) Mr M Staunton, Barrister (Respondent) Baron & Associates (Applicant) Wilshire Webb Staunton Beattie Lawyers (Respondent) File Number(s): 10574 of 2014 Publication restriction: No

Judgment 1COMMISSIONER: This is an appeal against the refusal of an application by Waverley Council to modify DA-619/2007. DA-619/2007was approved on 9 December 2008 and allowed for the substantial redevelopment of the Swiss Grand Hotel building at 180-186 Campbell Parade, Bondi Beach (the site).. This approval included a total floor area of 25,926 sq m, including 74 residential apartments, 68 hotel apartments, two levels of retail space including a gymnasium at the rear facing Gould Street, and works of the existing basement area to accommodate parking. A number of modifications have been approved by the council since the original approval. Construction on the redevelopment has commenced. 2The site is irregular in shape with frontages of 90.02 m to Campbell Parade, 68.66 m to Beach Road, 44.93 m to Gould Street and 52.255 m to Curlewis Street, giving an area of 5,883m2. There is a fall across the site, from the north-west (Gould Street / Beach Road corner) to the south-east (Campbell Parade / Curlewis Street corner) of approximately 5 m.