Friends of Refugees of Eastern Europe v Waverley Council [2017] NSWLEC 1404

Land and Environment Court New South Wales

Medium Neutral Citation: Friends of Refugees of Eastern Europe v Waverley Council [2017] NSWLEC 1404 Hearing dates: 19, 20 June 2017, 6 July 2017 (written submissions) Date of orders: 02 August 2017 Decision date: 02 August 2017 Jurisdiction: Class 1 Before: Brown C Decision: 1. The appeal is dismissed. 2. Development Application No. DA -134/2016 for the demolition of the existing commercial tennis courts and ancillary buildings and the construction of a place of public worship (synagogue) and the construction of two three storey residential flat buildings at 105 Wellington Street, Bondi is refused. 3. The exhibits are returned with the exception of exhibits 1 and A. Catchwords: DEVELOPMENT APPLICATION: demolition of the existing commercial tennis courts and ancillary buildings and the construction of a place of public worship (synagogue) of two/three storeys and underground car park and the construction of two three storey residential flat buildings – whether appropriate in terms of context and character and streetscape of the area - unacceptable amenity impacts - suitability of site because of the potential risk to users and other members of the general public. Legislation Cited: Environmental Planning and Assessment Act 1979 State Environmental Planning Policy No. 65 Waverley Local Environmental Plan 2012 Cases Cited: ISP Pty Limited v Valuer General [2006] NSWLEC 478 Telstra Corporation Limited v Hornsby Shire Council 67 NS WLR 256 Wehbe v Pittwater Council 156 LGERA 446 Texts Cited: Crime Prevention Through Environmental Design Practice Note – Class 1 Development Appeals Category: Principal judgment Parties: Friends of Refugees of Eastern Europe (Applicant) Waverley Council (Respondent) Representation: Counsel: Mr I Hemmings SC (Applicant) Mr C McEwen SC with Mr M Staunton (Respondent)