Eastern Suburbs Leagues Club Ltd v Waverley Council [2019] NSWLEC 130

Land and Environment Court New South Wales

Medium Neutral Citation: Eastern Suburbs Leagues Club Ltd v Waverley Council [2019] NSWLEC 130 Hearing dates: 29, 30 August and 2 September 2019 Date of orders: 13 September 2019 Decision date: 13 September 2019 Jurisdiction: Class 1 Before: Moore J Decision: See directions at [158] Catchwords: DEVELOPMENT APPLICATION - seniors living development - development proposed for the site of Waverley Bowling Club - site compatibility certificate issued rendering development permissible - most merit issues resolved by agreement between the experts resulting in significant amendments to the proposal - amended proposal not compliant with development standards for height and floor space ratio in Waverley Local Environmental Plan 2012 (the LEP) - issue of whether or not State Environmental Planning Policy (Housing for Seniors or People with a Disability) 2004, renders it unnecessary for there to be a request pursuant to cl 4.6 of the LEP to dispense with compliance with those development standards - request pursuant to cl 4.6 not required - remaining merit issue concerned the proposed height of a seven storey building in the northwest corner of the site - merit consideration of the contextual appropriateness of this building - building as proposed not acceptable - building to be rendered acceptable by removal of one residential level and reduction of the footprint of the penultimate residential level - appropriate to grant development consent when agreed revised plans and conditions provided - directions to permit this to occur Legislation Cited: Environmental Planning and Assessment Act 1979, s 8.15 State Environmental Planning Policy (Affordable Rental Housing) 2009, cl 29 State Environmental Planning Policy (Educational Establishments and Child Care Facilities) 2017 State Environmental Planning Policy (Housing for Seniors or People with a Disability) 2004 Waverley Local Environmental Plan 2012 Cases Cited: Hastings Point Progress Association Inc v Tweed Shire Council [2009] NSWCA 285 Ku-ring-gai Council v Bunnings Properties Pty Ltd [2019] NSWCA 28 RebelMH Neutral Bay Pty Limited v North Sydney Council [2019] NSWCA 130 Category: Principal judgment Parties: Eastern Suburbs Leagues Club Ltd (Applicant) Waverley Council (Respondent) Representation: Counsel: Mr A Galasso SC (Applicant) Mr C McEwen SC/Dr J Smith, barrister (Respondent)