McKavanagh v Northern Beaches Council [2020] NSWLEC 1662

Land and Environment Court New South Wales

Medium Neutral Citation: McKavanagh v Northern Beaches Council [2020] NSWLEC 1662 Hearing dates: 22 and 23 September 2020 Date of orders: 21 December 2020 Decision date: 21 December 2020 Jurisdiction: Class 1 Before: Espinosa C Decision: The Court orders that (1) The appeal is dismissed. (2) The Development Application DA2018/0304 seeking approval for the demolition of the existing dwelling and construction of a new boarding house at 22 Redman Road, Dee Why, legally identified as Lot K in Deposited Plan 402030 is refused. (3) The exhibits returned, except Exhibits 2, 6, A and G. Catchwords: DEVELOPMENT APPEAL – boarding house – pedestrian access – streetscape – suitability of site – orders Legislation Cited: Environmental Planning and Assessment Act 1979 Land and Environment Court Act 1979 State Environmental Planning Policy (Affordable Rental Housing) 2009 State Environmental Planning Policy (Building Sustainability Index: BASIX) 2004 State Environmental Planning Policy No 55 – Remediation of Land State Environmental Planning Policy No 65 – Design Quality of Residential Apartment Development Warringah Local Environmental Plan 2011 Cases Cited: Epping Property Developments Pty Ltd v Parramatta City Council [2017] NSWLEC 1095 PRJM Pty Ltd v Hawkesbury City Council [2016] NSWLEC 1217 Project Venture Developments v Pittwater Council (2005) 141 LGERA 80; [2005] NSWLEC 191 Revelop Projects Pty Ltd v Parramatta City Council [2013] NSWLEC 1029 Texts Cited: Warringah Development Control Plan 2011 Category: Principal judgment Parties: Ralph McKavanagh (First Applicant) Lucy McKavanagh (Second Applicant) Northern Beaches Council (Respondent) Representation: Counsel: T To (Applicants) J Lazarus SC (Respondent)