Vigor Master Pty Ltd v Northern Beaches Council [2020] NSWLEC 1671

Land and Environment Court New South Wales

Medium Neutral Citation: Vigor Master Pty Ltd v Northern Beaches Council [2020] NSWLEC 1671 Hearing dates: 24-25 November 2020 Date of orders: 22 December 2020 Decision date: 22 December 2020 Jurisdiction: Class 1 Before: Morris AC Decision: The orders of the Court are: (1) The appeal is dismissed. (2) Development Application DA2019/0447 for the construction of a new building (building A1) containing 9 units for housing for older people or people with a disability at No. 8 Lady Penrhyn Drive, Beacon Hill is refused consent. (3) The exhibits, other than exhibits A, B, G and 1, are returned. Catchwords: DEVELOPMENT APPLICATION – housing for older people or people with a disability – building height – setbacks – desired future character – streetscape – visual impact Legislation Cited: Environmental Planning and Assessment Act 1979 Rural Fires Act 1997 Standard Instrument (Local Environmental Plans) Order 2006 Warringah Local Environmental Plan 2000 Warringah Local Environmental Plan 2011 Cases Cited: Lipman Properties Pty Ltd v Warringah Council [2010] NSWLEC 1310 Category: Principal judgment Parties: Vigor Master Pty Ltd (Applicant) Northern Beaches Council (Respondent) Representation: Counsel: M Staunton (Applicant) S Patterson (Solicitor) (Respondent)

Solicitors: Mills Oakley Lawyers (Applicant) Wilshire Webb Staunton Beattie Lawyers (Respondent) File Number(s): 2019/239478 Publication restriction: Nil