New Street No. 1 Pty Ltd v Waverley Council [2017] NSWLEC 1592

Land and Environment Court New South Wales

Medium Neutral Citation: New Street No. 1 Pty Ltd v Waverley Council [2017] NSWLEC 1592 Hearing dates: 4-6 October 2017 Date of orders: 24 October 2017 Decision date: 24 October 2017 Jurisdiction: Class 1 Before: Dickson C Decision: The orders of the Court are: 1) The applicant is granted leave to rely on amended plans. 2) No order as to costs. 3) The objections pursuant to cl 4.6 of the Waverley Local Environmental Plan 2012 are not sustained. 4) The appeal is dismissed. 5) Development application DA 571/2016 for proposed alterations and additions to the approved mixed use development at 113 Macpherson Street Bronte is refused. 6) The exhibits are returned with the exception of Exhibits 1, A and B. Catchwords: DEVELOPMENT APPEAL: against refusal of additional units for approved development at Bronte RSL - seeks variation to floor space ratio – variation to height control – whether the development is compliant with design quality principles – impact on streetscape – impacts on amenity of neighbouring properties – parking and access arrangements – public interest. Legislation Cited: Environmental Planning and Assessment Act 1979 Environmental Planning and Assessment Regulation 2000 Land and Environment Court Act 1979 State Environmental Planning Policy (Building Sustainability Index: BASIX) 2004 State Environmental Planning Policy 65: Design Quality of Residential Apartment Development Cases Cited: Arco Iris Trading Pty Ltd v North Sydney Council [2015] NSWLEC 1113 BGP Properties Pty Ltd v Macquarie City Council 138 LGERA 237; [2004] NSWLEC 399 Davies v Penrith City Council [2013] NSWLEC 1141 Hrsto v Canterbury City Council (No. 2) [2014] NSWLEC 121 PDE Investments No 8 Pty Ltd v Manly Council [2004] NSWLEC 355 Project Venture Developments Pty Ltd v Pittwater Council [2005] NSWLEC 191 Schaffer Corporation v Hawkesbury City Council (1992) 77 LGERA 21 Stockland Development Pty Ltd v Manly Council [2004] NSWLEC 472 Trinvass Pty Ltd v Council of the City of Sydney [2015] NSWLEC 151 Zhang v Canterbury City Council (2001) 51 NSWLR 589 Texts Cited: The Apartment Design Guide Category: Principal judgment Parties: New Street No. 1 Pty Ltd (First Applicant) New Street No. 2 Pty Ltd (Second Applicant)