DA Number 7 Pty Ltd v Waverley Council [2020] NSWLEC 1039

Land and Environment Court New South Wales

Medium Neutral Citation: DA Number 7 Pty Ltd v Waverley Council [2020] NSWLEC 1039 Hearing dates: 28-29 November 2019 Date of orders: 24 January 2020 Decision date: 24 January 2020 Jurisdiction: Class 1 Before: Morris AC Decision: The orders of the Court are: (1) The appeal is dismissed. (2) Development Application DA-135/2018 for the demolition of an existing three storey residential flat building and the construction of a new four storey residential flat building (RFB) containing five units with basement car parking on land known as 154 Ramsgate Avenue, North Bondi is refused consent. (3) The exhibits, other than Exhibits A and 1, are returned. Catchwords: DEVELOPMENT APPLICATION – residential flat building – height – bulk – scale – views Legislation Cited: Environmental Planning and Assessment Act 1979 State Environmental Planning Policy No 65 - Design Quality of Residential Apartment Development Waverley Local Environmental Plan 2012 Cases Cited: Bouchard v Waverley Council [2019] NSWLEC 1449 Initial Action Pty Ltd v Woollahra Municipal Council (2018) 236 LGERA 256; [2018] NSWLEC 118 Wehbe v Pittwater Council (2007) 156 LGERA 446; [2007] NSWLEC 827 Texts Cited: Apartment Design Guide Waverley Development Control Plan 2012 (Amendment No. 5) Category: Principal judgment Parties: DA Number 7 Pty Ltd (First Applicant) RA Number 7 Pty Ltd (Second Applicant) Waverley Council (Respondent) Representation: Counsel: A Galasso SC (Applicants) M Staunton (Respondent)