Bardari Pty Ltd ATF the BHK Trust v Waverley Council [2018] NSWLEC 1363

Land and Environment Court New South Wales

Medium Neutral Citation: Bardari Pty Ltd ATF the BHK Trust v Waverley Council [2018] NSWLEC 1363 Hearing dates: 12-13 June 2018 Date of orders: 17 July 2018 Decision date: 17 July 2018 Jurisdiction: Class 1 Before: Walsh C Decision: The orders of the Court are: (1) The Clause 4.6 written request to vary the height control in Waverly Local Environmental Plan 2012 is upheld. (2) The appeal is upheld. (3) Development application DA13/2017, for demolition of existing structures and the construction of a mixed use building over five levels at 1 Sir Thomas Mitchell Road, Bondi Beach is approved subject to the conditions of consent at Annexure A. (4) The exhibits, other than Exhibits 1, 2, 8 and A, are returned. Catchwords: DEVELOPMENT APPLICATION: Mixed use development, impact on neighbouring properties, heritage, height Legislation Cited: Environmental Planning and Assessment Act 1979 Waverley Development Control Plan 2012 Waverley Local Environmental Plan 2012 Category: Principal judgment Parties: Bardari Pty Ltd ATF Trust (Applicant) Waverley Council (Respondent) Representation: Counsel: S Duggan SC (Applicant)

Solicitors: Mills Oakley (Applicant) S Patterson, Wilshire Webb Staunton Beattie (Respondent) File Number(s): 2017/98301 Publication restriction: No

Judgment 1. This is an appeal against Waverley Council's deemed refusal of development application No. DA13/2017. The development application (DA) seeks consent for the construction of a mixed use building over five levels at 1 Sir Thomas Mitchell Road, Bondi Beach (the site).