ApartmentsKirsten CrazeTue 13 Oct 26
Sunlight Rule Cruels Plans for Bondi Junction Apartment Tower
A plan to use affordable housing incentives to build a 12-storey apartment block in Bondi Junction has failed after the Land and Environment Court found it would overshadow the town centre’s only public green space.
Commissioner Shona Porter dismissed an appeal by Y&M Australia brought against the Waverley Council for its refusal of the development proposed for 40 Ebley and 31 Newland streets.
Y&M paid $12.5 million for the 559sq m site, which is near Bondi Junction station and Eastgate Shopping Centre, in December of 2023.
The court in its decision earlier this month found the project would cast additional shadows over Clementson Park, the only public green space within the Bondi Junction town centre, contravening a local planning provision that the court ruled could not be overridden.
An amended proposal included residential apartments, with an affordable housing component, as well as ground-floor retail and commercial tenancies, rooftop communal space and basement parking.
Y&M sought to use affordable housing incentives under the NSW Government’s Housing State Environmental Planning Policy, which can allow additional floor space and building height for qualifying projects.
However, the court named a clause within the Waverley Local Environmental Plan (WLEP) that protects solar access to nominated public spaces, including Clementson Park. This meant the developer could not seek an exception to allow the additional overshadowing.
“The DA must be refused on the basis of the current provisions of the WLEP,” the judgment said.
The Waverley Council also raised concerns during the appeal hearing regarding residential amenity, design excellence, view loss, heritage and the public interest. The additional shadowing issue was ultimately decisive.
The Bondi Junction ruling echoes previous disputes regarding overshadowing in Sydney.
In 2024, Maroubra Property Development was refused approval for an eight-storey mixed-use development of 56 apartments. The proposal drew concerns about loss of sunlight to neighbouring apartments and a childcare centre, alongside objections to building height, bulk and design.
The Uniting Church in Australia Property Trust’s plans for a proposed building envelope around Fellowship House at at 119 Macquarie Street, Parramatta were quashed in 2018 after a finding it would excessively overshadow a protected part of Parramatta Square during winter lunch times.
