Solotel Pty Ltd v Waverley Council [2009] NSWLEC 1172

Solotel Pty Ltd v Waverley Council [2009] NSWLEC 1172

Because the applicant agreed to delete the proposed alterations to the corner fabric of the heritage item and accepted conditions addressing noise monitoring, residential amenity, management and fire safety, the Court was satisfied there was no reason not to issue the consent orders proposed by the parties. The appeal was upheld in part and Development Application No. 434/08 was approved subject to Annexure A conditions.

Jurisdiction
Australia
Judgment Date
21 May 2009
Procedural Posture
Development Application Appeal Concerning Alterations and Additions to an Existing Hotel / Matter Commenced as a S 34 Conciliation Conference; Parties Consented to Court Determination Under S 34(4) of the Court Act and Entered Consent Orders After a Further Hearing
Outcome
Appeal upheld in part; Development Application No. 434/08 approved subject to conditions.
Legal Topics
['alterations and Additions to Existing Hotel' 'outdoor Deck at First Floor Level' 'impact of Noise on Residential Amenity' 'management Practices' 'heritage Impacts' 'fire Safety Conditions']
['environmental Planning and Development' 'heritage Conservation' 'noise and Residential Amenity' 'building and Fire Safety'] ['alterations and Additions to Existing Hotel' 'outdoor Deck at First Floor Level' 'impact of Noise on Residential Amenity' 'management Practices' 'heritage Impacts' 'fire Safety Conditions']

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Procedural Posture

Development Application Appeal Concerning Alterations and Additions to an Existing Hotel / Matter Commenced as a S 34 Conciliation Conference; Parties Consented to Court Determination Under S 34(4) of the Court Act and Entered Consent Orders After a Further Hearing

Legal Issues

  1. 1 ['Whether Development Application No. 434/08 for alterations and additions to the Robin Hood Hotel should be approved subject to conditions' 'Whether heritage concerns arising from proposed alterations to the corner of the building were resolved by deletion of those works' 'Whether noise, residential amenity and management concerns could be addressed by conditions including a Plan of Management, acoustic compliance testing and resident liaison' 'Whether fire safety matters were satisfactorily addressed by agreed conditions']

Ratio Decidendi

Because the applicant agreed to delete the proposed alterations to the corner fabric of the heritage item and accepted conditions addressing noise monitoring, residential amenity, management and fire safety, the Court was satisfied there was no reason not to issue the consent orders proposed by the parties. The appeal was upheld in part and Development Application No. 434/08 was approved subject to Annexure A conditions.

Court Disposition

Appeal upheld in part; Development Application No. 434/08 approved subject to conditions.

Orders

  • ['The appeal is upheld in part.' 'Development Application No. 434/08 for alterations and additions including conversion of a drying area to an outdoor deck at first floor level, alterations to ground floor facade and internal renovation to the Robin Hood Hotel at 203-209 Bronte Road, Bronte is approved subject to...