Haynes v Northern Beaches Council [2020] NSWLEC 1600

Land and Environment Court New South Wales

Medium Neutral Citation: Haynes v Northern Beaches Council [2020] NSWLEC 1600 Hearing dates: 5–6 November 2020 Date of orders: 3 December 2020 Decision date: 03 December 2020 Jurisdiction: Class 1 Before: Bish C Decision: The Court orders: (1) Leave is granted to rely on: an amended BASIX certificate 949494M_04, dated 9 November 2020; amended plans in Exhibit Q; amended PoM in Exhibit S; and amended arboricultural report in Exhibit M. (2) The appeal is upheld. (3) Development Application 2018/1817 seeking demolition of existing structures and construction of a part one and part two-storey boarding house of 31 rooms, with associated infrastructure and tree removal on Lot 4 DP 25713, also known as 6 Gladys Avenue, Frenchs Forest is approved, subject to conditions as modified in Annexure A. (4) The exhibits, except for Exhibits A, Q, S, 1 and 5 are returned. Catchwords: DEVELOPMENT APPLICATION – boarding house –compatibility with character and streetscape – amenity – bulk and scale Legislation Cited: Environmental Planning and Assessment Act 1979 ss 4.15(1), 8.7(1), 8.15(3), State Environmental Planning Policy (Affordable Rental Housing) 2009 cll 26(b), 27, 28, 29, 30, 30A, 30AA, 54C State Environmental Planning Policy (Building Sustainability Index: BASIX) 2004 Warringah Local Environmental Plan 2011 cll 2.3, 4.3 Cases Cited: Cachia v Manly Council (No 2) [2009] NSWLEC 1107 Texts Cited: Land and Environment Court of New South Wales, COVID-19 Pandemic Arrangements Policy (March 2020) Northern Beaches Council, Waste Management Guidelines (25 October 2016) Warringah Development Control Plan 2011 Category: Principal judgment Parties: Brain Haynes (First Applicant) Gillian Sudlow-Haynes (Second Applicant) Northern Beaches Council (Respondent) Representation: Counsel: J Smith (Applicants) A Gough (Solicitor) (Respondent)