Taylor Developments Group Pty Ltd v Waverley Council [2019] NSWLEC 200

Taylor Developments Group Pty Ltd v Waverley Council [2019] NSWLEC 200

The amended development application was worthy of approval because the cl 4.6 written objection adequately demonstrated that compliance with the height standard was unreasonable or unnecessary and that sufficient environmental planning grounds justified the limited height breach; the development was consistent with the relevant height and B4 zone objectives; expert heritage evidence established that the retained heritage fabric, reflected roof form, conservation works and conditions would satisfactorily protect the heritage significance of the former Bondi Beach Post Office; and the amended design acceptably addressed bulk, solar access, outlook, building separation and adjoining...

Jurisdiction
Australia
Judgment Date
20 December 2019
Procedural Posture
Class 1 Appeal Against Refusal of Development Application / Final Judgment and Orders
Outcome
Appeal upheld and development consent granted subject to conditions.
Legal Topics
['development Application' 'mixed Use Development' 'clause 4.6 Variation to Height Development Standard' 'heritage Item' 'amenity Impacts' 'solar Access' 'building Separation' 'public Interest']
['environmental Planning and Development' 'heritage Conservation'] ['development Application' 'mixed Use Development' 'clause 4.6 Variation to Height Development Standard' 'heritage Item' 'amenity Impacts' 'solar Access' 'building Separation' 'public Interest']

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Procedural Posture

Class 1 Appeal Against Refusal of Development Application / Final Judgment and Orders

Legal Issues

  1. 1 ['Whether the cl 4.6 objection to the height development standard in cl 4.3 of the Waverley Local Environmental Plan, 2012 should be upheld.' 'Whether the proposed partial demolition, retention of heritage fabric and additions would have an acceptable impact on the heritage significance of the former Bondi Beach Post Office.' 'Whether the building bulk and absence of a fourth-level setback were acceptable in the circumstances of the site and the desired future character of the Hall Street Town Centre.' 'Whether amenity impacts on 1 Jaques Avenue, including overshadowing, outlook and building separation, were acceptable.' 'Whether the proposal would unacceptably compromise redevelopment potential of 26-28 Hall Street, Bondi.' 'Whether public submissions opposing loss of the post office use and public amenity warranted refusal of the development application.']

Ratio Decidendi

The amended development application was worthy of approval because the cl 4.6 written objection adequately demonstrated that compliance with the height standard was unreasonable or unnecessary and that sufficient environmental planning grounds justified the limited height breach; the development was consistent with the relevant height and B4 zone objectives; expert heritage evidence established that the retained heritage fabric, reflected roof form, conservation works and conditions would satisfactorily protect the heritage significance of the former Bondi Beach Post Office; and the amended design acceptably addressed bulk, solar access, outlook, building separation and adjoining...

Court Disposition

Appeal upheld and development consent granted subject to conditions.

Orders

  • ['Leave be granted to the Applicant to amend the development application as reflected in the Architectural Drawings in Exhibit R.' 'Pursuant to s 8.15(3) of the Environmental Planning and Assessment Act 1979 the Applicant is ordered to pay the Respondents costs thrown away as a consequence of the amendment referred...