The Land and Environment Court has approved two major development projects on Curlewis Street, Bondi Beach, after Clutch Developments Pty Ltd appealed decisions by Waverley Council. These approvals resolve long-standing disputes and clear the way for shop-top housing developments that will include residential apartments, retail spaces, and significant public infrastructure improvements. These projects aim to transform this prominent area of Bondi Beach while addressing community concerns through strict conditions.
Court Decisions at a Glance
Clutch Developments Pty Ltd pursued two separate appeals involving adjacent sites. Both appeals were reviewed by the court, which ruled in the developer’s favour while imposing conditions to ensure compliance with planning regulations.
- Appeal No. 2024/71549: The first appeal related to a proposed new development at 135–139 Curlewis Street, following Waverley Council’s failure to determine Development Application DA-381/2023 within the statutory timeframe.
- Appeal No. 2024/71554: The second appeal addressed a request to modify the existing approval for 141–155 Curlewis Street, which was already under construction.
By approving both appeals, the court ensured that the developments would proceed while safeguarding community interests.
Details of the New Development at 135–139 Curlewis Street
The first appeal involved a proposal for a four-storey shop-top housing development at 135–139 Curlewis Street. The plan includes:
- Retail spaces on the ground floor.
- Residential apartments on upper levels.
- A basement parking facility for residents and visitors.
After reviewing the evidence, the court approved the project, noting that it met local planning objectives and provided public benefits. Furthermore, the court required the project to coordinate with the development at 141–155 Curlewis Street to reduce disruptions and ensure construction efficiency.
Modification of the Development at 141–155 Curlewis Street
The second appeal focused on proposed modifications to the ongoing development at 141–155 Curlewis Street, which was initially approved by the court in September 2023. The developer requested changes to improve construction efficiency and align with design updates. These modifications included:
- Reconfiguring internal layouts.
- Adjusting ceiling heights.
- Revising basement levels to optimise the design.
The court determined that these modifications were reasonable and in line with the project’s objectives. As a result, the changes were approved, allowing construction to proceed with the revised plans.
Artistic Impression of 141-155 Curlewis Street by PBD Architects
Public Domain Upgrades
To support these developments, the court mandated several public domain improvements along Curlewis Street. These enhancements include:
- Improved pedestrian footpaths to promote walkability.
- New kerb and guttering for better drainage.
- Additional street trees and landscaped areas to enhance visual appeal.
- Upgraded stormwater infrastructure to reduce flooding risks.
These upgrades will align with Waverley Council’s existing streetscape plan for Curlewis Street, ensuring a cohesive approach to urban improvements.
Environmental and Community Safeguards
The court imposed several conditions to address environmental and community concerns, ensuring that the developments do not negatively impact the surrounding area. These include:
- Vibration Monitoring: The developer must monitor construction vibrations to prevent damage to neighbouring properties.
- Groundwater Safeguards: Hydrogeological assessments are required to manage groundwater levels during excavation.
- Noise Control: Restrictions on the use of outdoor spaces will minimise noise impacts on neighbouring properties.
- Plans of Management: The developer must submit detailed plans for managing communal and retail areas to maintain amenity standards.
These measures aim to protect the local environment and ensure the developments integrate well with the existing community.
Financial Contributions to the Community
The court’s approval also requires the developer to make significant financial contributions to benefit the local community. These include:
- Section 7.12 Contributions: Each project must contribute 1% of its total development cost to Waverley Council. For the 141–155 Curlewis Street development, valued at $57,368,000, this contribution is substantial.
- Voluntary Planning Agreement: A payment of $573,680 will address the floor space exceedance at 141–155 Curlewis Street.
- Affordable Housing Contribution: The 135–139 Curlewis Street development must contribute $138,000 under Waverley Council’s Affordable Housing Contribution Scheme.
These contributions will support public infrastructure projects and help address housing affordability in the area.
Project Team
The same team of professionals is overseeing both projects, ensuring a consistent approach to design, construction, and compliance.
- Developer: Clutch Developments Pty Ltd
- Architects: PBD Architects
- Urban Planning and Environmental Assessment: Auswide Consulting
- Geotechnical and Structural Engineering: Geotechnical Consultants Australia, Dunnings Consulting Engineers
- Traffic and Parking: McLaren Traffic Engineering
- Landscape Design: Myles Baldwin Design
- Acoustic and Waste Management: Rodney Stevens Acoustics, E-LAB Consulting
For More Information
Search application numbers DA-381/2023 and DA-472/2022/A on the Waverley Council website.
