Hu v Northern Beaches Council [2020] NSWLEC 1525

Land and Environment Court New South Wales

Medium Neutral Citation: Hu v Northern Beaches Council [2020] NSWLEC 1525 Hearing dates: 27-28 August 2020 and 16 October 2020 Date of orders: 30 October 2020 Decision date: 30 October 2020 Jurisdiction: Class 1 Before: Gray C Decision: The Court orders that: (1) The appeal is upheld. (2) Development consent is granted for the demolition of existing structures and the construction of a 10 room, three-storey boarding house for 19 residents, at 22 Ramsay Street, Collaroy, subject to the conditions in Annexure A. (3) The exhibits are returned, except for Exhibits A, D, E, G, J, K and 10. Catchwords: APPEAL – development application – boarding house – whether in an accessible area – whether bus stop with services in only one direction sufficient – relevance of the gradient of the public footpath – whether design of development compatible with character of the local area – whether manager's accommodation required – whether there is adequate information on quality of excavated material – whether balconies should be deleted Legislation Cited: Disability Discrimination Act 1992 (Cth) Environmental Planning and Assessment Act 1979 Interpretation Act 1987 State Environmental Planning Policy (Affordable Rental Housing) 2009 State Environmental Planning Policy (Housing for Seniors or People with a Disability) 2004 Warringah Local Environmental Plan 2011 Cases Cited: ACN 603 347 834 Pty Ltd v Northern Beaches Council [2019] NSWLEC 1261 Alcan (NT) Alumina Pty Ltd v Commissioner of Territory Revenue [2009] HCA 41 Anglican Community Services v Blacktown City Council [2020] NSWLEC 1031 Bella Ikea Ryde Pty Ltd v City of Ryde Council (No 2) [2018] NSWLEC 204 Central Coast Council v 40 Gindurra Road Somersby Pty Ltd (No 2) 241 LGERA 133; [2019] NSWLEC 171 Certain Lloyd's Underwriters v Cross [2012] HCA 56 Cooper Brookes (Wollongong) Pty Ltd v Federal Commissioner of Taxation (1981) 147 CLR 297; [1981] HCA 26 Cranbrook School v Woollahra Council (2006) 66 NSWLR 379; [2006] NSWCA 155 Matic v Mid-Western Regional Council [2008] NSWLEC 113 Project Venture Developments v Pittwater Council (2005) 141 LGERA 80; [2005] NSWLEC 191 Touma v Liverpool City Council [2018] NSWLEC 1635 Valuer-General v Fivex Pty Ltd [2015] NSWCA 53 Vujicic v Northern Beaches Council [2019] NSWLEC 1349 Texts Cited: Building Code of Australia Land and Environment Court, COVID-19 Pandemic Arrangements Policy (July 2020) Land and Environment Court of New South Wales Practice Note – Class 1 Development Appeals Warringah Development Control Plan 2011 Category: Principal judgment Parties: Jane Hu (Applicant) Northern Beaches Council (Respondent) Representation: Counsel: J Smith (Applicant) J Lazarus SC (Respondent)