Jewish Learning Centre Limited v Waverley Council [2017] NSWLEC 1276

Land and Environment Court New South Wales

Medium Neutral Citation: Jewish Learning Centre Limited v Waverley Council [2017] NSWLEC 1276 Hearing dates: 4,5 April 2017 Decision date: 02 June 2017 Jurisdiction: Class 1 Before: Brown C Decision: Directions for filing conditions consistent with findings Catchwords: DEVELOPMENT APPLICATIONS: two separate but related development applications for same property – use of building for a child care centre – use of building for a synagogue and teaching centre – whether uses will unacceptably impact on heritage significance of heritage item - excessive traffic and parking – noise – whether the two separate uses can operate together in an acceptable manner Legislation Cited: Environmental Planning and Assessment Act 1979 Waverley Local Environmental Plan 2012 Category: Principal judgment Parties: Jewish Learning Centre Limited (Applicant) Waverley Council (Respondent) Representation: Counsel: Ms H Irish (Applicant) Mr A Pickles SC (Respondent)

Solicitors: Jaku Legal (Applicant) Wilshire Webb Staunton Beattie Lawyers (Respondent) File Number(s): 2016/159476, 2016/374762 Publication restriction: No

Judgment 1. COMMISSIONER: These are two separate but related appeals in relation to the existing heritage building at 60C Blair Street, North Bondi (the site). The parties accepted that the evidence in one appeal can be evidence in the other appeal. The appeals are: Appeal No 2016/159476 – development application that seeks consent for alterations and additions to the existing building to incorporate a child care centre (the child care application). Appeal No 2016/374762 - development application that seeks consent to use the existing building as a place of public worship (synagogue), associated religious and community education and ancillary dormitories for religious educators (the synagogue application). 1. Given that the Court is being asked to consider two separate applications on the same site, the parties agreed that the Court should hand down its findings and allow the parties time to provide conditions; which may vary depending on whether both applications are approved or alternatively only one application is be approved.