Bureau SRH Pty Ltd v Waverley Council [2017] NSWLEC 1305

Land and Environment Court New South Wales

Medium Neutral Citation: Bureau SRH Pty Ltd v Waverley Council [2017] NSWLEC 1305 Hearing dates: 15 June 2017 Decision date: 16 June 2017 Jurisdiction: Class 1 Before: O'Neill C Decision: Directions, refer to paragraphs 25-30 Catchwords: DEVELOPMENT APPLICATION: alterations and additions to modify approved, but not yet constructed, development; non-compliance with the floor space ratio and height of buildings development standards; whether the proposal is consistent with the desired future character of the locality. Legislation Cited: Environmental Planning and Assessment Act 1979 Land and Environment Court Act 1979 Category: Principal judgment Parties: Bureau SRH Pty Ltd (Applicant) Waverley Council (Respondent) Representation: Counsel: Ms S. Duggan SC (Applicant) Mr M. Staunton barrister (Respondent)

Solicitors: Newhouse Lawyers (Applicant) Wiltshire Webb Staunton Beattie Lawyers (Respondent) File Number(s): 2017/38952

Judgment 1. COMMISSIONER: This is an appeal pursuant to the provisions of s 97 of the Environmental Planning and Assessment Act 1979 (EPA Act) against the deemed refusal by Waverley Council (the Council) of Development Application No. 512/2016 for alterations and additions to modify an approved, but not yet constructed, mixed use development (Development Consent 419/2015) to include 6 car stackers in the basement, an additional ground floor retail unit, an additional first floor apartment and two additional fourth floor apartments with an amended roof form (the proposal) at 110-116 Bronte Road, Bondi Junction (the site)