SDHA Pty Limited v Waverley Council [2014] NSWLEC 1230

SDHA Pty Limited v Waverley Council [2014] NSWLEC 1230

The modification was substantially the same development as the approved development because the proposal continued to provide residential apartments, hotel apartments, retail space and basement parking, and the additional 117 sq m was a minor quantitative increase that did not exceed the approved building height. However, on the merits the proposed additional floor area and linked roof vaults would create excessive visual bulk, dilute the approved approach of distinct roof forms on the sixth floor, be visible from some locations, add amenity that was not necessary for the units, and amount to an unacceptable further variation to height and floor space controls. The appeal was therefore...

Jurisdiction
Australia
Judgment Date
06 November 2014
Procedural Posture
Class 1 Appeal Against Refusal of Modification Application DA 619/2007/j / Principal Judgment
Outcome
The appeal is dismissed and modification application DA-619/2007/J is refused.
Legal Topics
['modification of Development Consent' 'substantially the Same Development' 'adaptive Reuse' 'visual Bulk' 'height and Floor Space Ratio Controls']
['environmental Planning and Assessment' 'development Consent Modification'] ['modification of Development Consent' 'substantially the Same Development' 'adaptive Reuse' 'visual Bulk' 'height and Floor Space Ratio Controls']

Case Brief

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Procedural Posture

Class 1 Appeal Against Refusal of Modification Application DA 619/2007/j / Principal Judgment

Legal Issues

  1. 1 ['Whether the modified development was substantially the same development as the development for which consent was originally granted under s 96(2)(a).' 'Whether the proposed modification would result in excessive visual bulk.']

Ratio Decidendi

The modification was substantially the same development as the approved development because the proposal continued to provide residential apartments, hotel apartments, retail space and basement parking, and the additional 117 sq m was a minor quantitative increase that did not exceed the approved building height. However, on the merits the proposed additional floor area and linked roof vaults would create excessive visual bulk, dilute the approved approach of distinct roof forms on the sixth floor, be visible from some locations, add amenity that was not necessary for the units, and amount to an unacceptable further variation to height and floor space controls. The appeal was therefore...

Court Disposition

The appeal is dismissed and modification application DA-619/2007/J is refused.

Orders

  • ['The appeal is dismissed.' 'Application DA-619/2007/J to modify the approval for the redevelopment of the Swiss Grand Hotel building at 180-186 Campbell Parade, Bondi Beach is refused.' 'The exhibits are returned with the exception of exhibit 1.']