122–128 Hewlett Street

122–128 Hewlett Street, Bronte NSW 2024 · Fortis (Pallas Group)

Where Things Stand in November 2026

The Fortis proposal at 122–128 Hewlett Street has not yet been lodged. The developer is preparing its Environmental Impact Statement, and the 14 days for community submissions are still to come. Here is where it sits.

The Department has issued its assessment requirements

On 5 June 2026 the Department of Planning, Housing and Infrastructure issued the Secretary's Environmental Assessment Requirements (SEARs), the rules the developer's Environmental Impact Statement must satisfy. The covering letter goes further than the standard template. It directs that:

  • the proposed height and floor space ratio “should be reconsidered”;
  • the assessment must consider “the desired future character of the Bronte headland precinct” and the precedent the development may set for height and density; and
  • “given the lower height limits surrounding the subject site, suitable strategic merit must be provided to demonstrate the public benefit of the development.”

It also required the design to go to a State Design Review Panel convened by Government Architect NSW before lodgement.

This is a requirement to justify, not a cap

The SEARs do not limit the height. They place the onus on the developer to make the case. Whether that requirement has any bite depends on what the EIS actually contains, and on what the community and Council put on the record.

The design review advice is not public

The State Design Review Panel review required by the covering letter took place in July–August 2026, with Waverley Council represented. The panel's advice is not public. Under the Government Architect's guidelines for these reviews, the developer must lodge a design review report with its application, showing how the design has responded to the panel's advice or why it has not, and that report is published while the plans are on exhibition.

The proposal has changed shape

The dwelling yield has come down, and the design is not final.

  • The developer's published material describes 9 storeys and approximately 85 apartments.
  • In its own application to the Department in May 2026 it declared 100 dwellings and an estimated development cost of $125.5 million.
  • Its community presentation of September 2026 says the design “has not been finalised”, and gives “the maximum anticipated RL 76”, a level above sea level. Measured from the level of the Hewlett Street frontage given in the 2022 application for this site, that is about 37 metres above the street. The height limit on the site today is 9.5 metres.

The affordable housing commitment is not what it was

In its application to the Department in May 2026, Fortis declared 10% affordable housing and nine affordable apartments. Its community material does not mention that commitment. Its presentation of September 2026 states a “commitment to 5% affordable housing in line with our EOI”, and also that the final affordable housing component “is currently being determined”. It gives no number of apartments.

The affordable apartments are to be managed by a community housing provider for 15 years, after which they revert to the market.

The EIS has not yet been lodged

  • The developer is preparing its Environmental Impact Statement. Lodgement is expected late 2026 or early 2027, not confirmed.
  • The developer has nine months from the issue of the SEARs to lodge, placing the outer deadline at 5 March 2027. That deadline can be extended if the developer asks for one.
  • Once the Department has checked that the plans are complete, which takes about two weeks, it puts them on exhibition, and you'll have 14 days to make a submission. They could fall in the weeks before Christmas, or run across the summer holidays: 20 December to 10 January doesn't count, so the clock stops and restarts.

The developer's consultation has closed

Fortis's pre-lodgement community engagement, including a survey and two webinars, closed on 2 October 2026. The developer has said that the feedback, and how it was considered, will be summarised in an Engagement Outcomes Report, lodged with its application and made available during the exhibition. BCA's own survey closed on the same day.

How our submission is structured

Primary submission

Urban Planning report

  1. Have the SEARs been satisfied?
    Particularly the reconsideration of height and FSR, incorporation of the State Design Review Panel, and the building’s impact on the coastal setting
  2. Does the site-specific rezoning have merit?
    We will challenge the developer's strategic and site-specific merit case.
  3. The development itself
    Focusing on height and floor space ratio, design, view and overshadowing impacts, and incorporation of affordable housing.

Appendices: expert reports

Appendix A
Urban design report
Design, overshadowing, precedent, compatibility with future character of area, and fit with coastal setting
Appendix B
View impact assessment
Analysis of view impacts, particularly from iconic public locations.
Appendix C
Traffic report
Inadequate infrastructure and functionality of Hewlett St for added pressure.

Prepare your submission now

More than 150 residents came to our town hall on 29 October, where we set out how to prepare and lodge your own submission. Thank you to everyone who came. For anyone who missed it, the presentation and both handouts are here:

Each unique submission is counted. A copied one adds nothing new.

Our guide is on this site in two parts: how to prepare yours now, and the steps for lodging once submissions open. Click “Notify me” on the project page, and the Department will email you when the exhibition opens. Prepare now. Be ready to submit when the exhibition opens.

What Is Proposed

Fortis (Pallas Group) proposes to build a residential flat building of 9 storeys, terraced with setbacks over the height of the building, comprising approximately 85 apartments, at 122–128 Hewlett Street, Bronte. Its application to the Housing Delivery Authority in 2025 sought a height of 20–25 metres. Its presentation of September 2026 gives a maximum level about 37 metres above Hewlett Street, and the height limit is 9.5 metres. On affordable housing, the same presentation states a 5% commitment and says the final figure is still being determined. See What the developer has said, and when below.

~85
Apartments
9
Storeys
~37 m
Proposed height above Hewlett St
9.5 m
Current height limit

What the developer has said, and when

Every figure below comes from the developer's own documents. Figures in bold are declared by the developer; the others are the arithmetic those figures produce.

Application to the Housing Delivery Authority28 August 2025Request for SEARs, to the Department22 May 2026Community engagement materialSeptember 2026
Apartments120 indicated100approximately 85
Affordable housingup to 5%10%5% “in line with our EOI” (presentation); also “being determined”
Affordable apartmentsup to 69not stated

The percentage and the number of apartments are both the developer's own declared figures, stated as separate items in the same application. They are reproduced here exactly as declared.

In December 2025, between the first and second columns, the Housing Delivery Authority recommended “that the applicant be advised to consider increasing their commitment to affordable housing given the significant uplift proposed.” The Minister declared the development to be State Significant Development on 19 December 2025.

On affordable housing, the developer's community material says two things. Its presentation of September 2026 states a “commitment to 5% affordable housing in line with our EOI”, for 15 years, and gives no number of apartments. Its website, and another slide, say that the final affordable housing yield “is currently being determined through the design development and assessment process.” The 10% and the nine apartments declared to the Department in May 2026 are not mentioned.

Figures stated once, on the record

MetricValue
Estimated development cost$125,500,000 excluding GST1
Gross floor area9,200 sqm1
Site area2,428 sqm4
Expected occupants2631
Height sought, 2025 application20–25 metres, against a 9.5-metre height limit2
Floor space ratio sought3.5–4.8:12
Storeys93
Affordable housing managementManaged by a community housing provider for 15 years, then reverting to the market3
  1. 1Request for SEARs, to the Department, 22 May 2026
  2. 2Developer's architect, application to the Housing Delivery Authority, August 2025
  3. 3Developer's published material, September 2026
  4. 4Declared by the developer

For comparison, the scheme approved for this land by the Land and Environment Court is nine dwellings.

Scale & Massing Models from Waverley Council

These mockups have been created by Waverley Council based on height and scale which is on publicly available information from the HDA. They are not the final designs.

Scale and massing model, view 1
Scale and massing model, view 2
Scale and massing model, view 3
Scale and massing model, view 4
Scale and massing model, view 5
Scale and massing model, view 6

Source: Waverley Council

Current Controls vs. Proposed Changes

ControlCurrentProposed
ZoningR3 Medium Density ResidentialSite-specific LEP amendment (R3 zone retained, height and FSR overridden for this lot)
Height9.5 metresAbout 37 metres above Hewlett Street on the developer's September 2026 figures (20–25 metres in its 2025 application), against the 9.5-metre limit
Floor space ratioDetermined by a sliding scale under the Waverley LEP 2012. The applicable base figure for this site is not stated here pending confirmation.3.5–4.8:1 sought
Residential flat buildingsResidential flat buildings are permitted with consent in R3Residential flat building (permitted in R3, but height and FSR require concurrent amendment)
Rezoning requirementConcurrent rezoning required for height and FSR exceedanceConcurrent rezoning sought for height and floor space ratio

Site Location

Open in Google Maps

Site History

Acquisition

Fortis acquired the site in early 2022 for $44 million. The site comprised 22 units across four apartment buildings ('Beach House' complex). The developer has declared a site area of 2,428 sqm.

Prior Development Application

DA-304/2022: Originally lodged for 10 dwellings with basement parking and Torrens title subdivision. Amended to 9 dwellings during Land and Environment Court proceedings to address height and FSR exceedances. Council did not determine the application within the statutory timeframe (deemed refusal, September 2022). Approved by the Land and Environment Court on appeal.

Voluntary Planning Agreement

A Voluntary Planning Agreement for $498,940 was exhibited in January 2024, allocating 25% to affordable housing and 75% to Bronte Park Plan of Management.

The Pivot

The Land and Environment Court approved a scheme of nine dwellings for this land. Approximately 85 apartments are now proposed via the State pathway.

Key Dates

HDA Recommendation

9 December 2025

Ministerial SSD Declaration

19 December 2025

SEARs Issued

5 June 2026

State Design Review Panel Review

July–August 2026

Developer's Pre-Lodgement Consultation

10 September to 2 October 2026

BCA Town Hall and Annual General Meeting

29 October 2026

EIS Lodgement

Expected late 2026 or early 2027, not confirmed. Outer deadline 5 March 2027, extendable on request

Department Checks the Plans Are Complete

About two weeks after lodgement

Public Exhibition (14 calendar days, weekends included)

As early as December 2026. 20 December to 10 January doesn't count

Fortis Responds to the Issues Raised

After the exhibition closes

Department Assessment and Determination

After Fortis responds. No date set

All dates marked as estimates are indicative only and subject to change.

How the State Significant Development process works

Each stage above has its own rules, its own timeframes and its own opportunities to be heard. If you want the detail behind the timeline, including what happens at exhibition and how submissions are assessed, we have set the whole pathway out stage by stage.

Read the planning process in detail

BCA Position

“BCA supports appropriate development in Bronte. We do not oppose density in principle. However, a 9-storey building on land currently limited to 9.5 metres, requiring a site-specific amendment to the planning controls, raises serious questions about scale, character, amenity and process. The Department's own covering letter of 5 June 2026 now requires the proposed height and floor space ratio to be reconsidered, requires the assessment to consider the desired future character of the Bronte headland precinct and the precedent this development may set, and requires the developer to demonstrate the public benefit of the development. BCA is engaging professional planning and legal advisors to ensure the community's concerns are heard through rigorous, evidence-based submissions. Our detailed position will be published when our consultant team has reviewed the EIS.”

Public Documents

HDA Record of Briefing, 9 December 2025

Minutes and transcript of HDA meeting recommending the project be declared SSD. Item 10: EOI 289312.

DPHI News Release, 19 December 2025

Confirms Minister declared 19 projects as SSD following HDA recommendations.

Waverley LEP 2012

Current planning controls for the site, including the R3 zone and the 9.5-metre height limit.

VPA Exhibition: 122–128 Hewlett Street

Voluntary Planning Agreement associated with the prior DA-304/2022.

HDA SSD Criteria

Published criteria used by the HDA to evaluate EOI applications.

EP&A Act 1979

Principal legislation governing planning and development assessment in NSW. SSD provisions in Division 4.7.

DPHI Community Participation Plan (in force 1 September 2026)

Sets the minimum 14-day exhibition period for SSD declared under s4.36(3) that includes residential accommodation, and excludes 20 December – 10 January from the calculation of an exhibition period.

Guide to Faster Assessments for SSD Housing Applications

Details the HDA assessment pathway including scoping meetings, SEARs process, and exhibition requirements.

Delegation Instrument: Housing SSD Decisions

Confirms the consent authority for HDA-declared SSD is the Minister (or their delegate within DPHI), not the IPC.

NSW Planning Portal

Search for the site address to verify current zoning and planning controls. The Major Projects listing for this application is linked above.

SEARs Covering Letter, 5 June 2026 (SSD-124072740)

The Department's covering letter accompanying the SEARs. Directs that the proposed height and floor space ratio 'should be reconsidered', requires the desired future character of the Bronte headland precinct and the precedent of the development to be considered, and requires strategic merit and public benefit to be demonstrated.

Industry-Specific SEARs: Housing (5 June 2026)

The standard housing assessment requirements issued for this application, on the Major Projects listing.

SEARs: Concurrent Rezoning Report Requirements (5 June 2026)

Assessment requirements for the concurrent rezoning sought alongside the development application.

Undertaking Engagement Guidelines for State Significant Projects

The DPHI guideline the developer's pre-lodgement engagement must follow, and against which its Engagement Outcomes Report will be assessed.

NSW Coastal Design Guidelines 2023

Guidance on development in coastal settings, relevant to the assessment of this site's coastal context.

Developer's Project Website: hewlettstreetproposal.com

The developer's own public project website, including its engagement process, FAQs and published figures.

All information on this page is sourced from publicly available documents.

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