Williamson v Northern Beaches Council [2021] NSWLEC 1038

Land and Environment Court New South Wales

Medium Neutral Citation: Williamson v Northern Beaches Council [2021] NSWLEC 1038 Hearing dates: 10-11 December 2020 Date of orders: 22 January 2021 Decision date: 22 January 2021 Jurisdiction: Class 1 Before: Smithson AC Decision: The Court orders: (1) The appeal is upheld. (2) Development Application DA2018/2019 seeking demolition of existing structures and construction of a boarding house with associated works at 16 Gladys Avenue, Frenchs Forest is approved subject to conditions, as outlined in Annexure A. (3) The exhibits are returned except for Exhibits A, B, E, 2 and 8. Catchwords: DEVELOPMENT APPLICATION – boarding house –size of development – compatibility with character of local area – amenity impacts for neighbours –objections – public interest Legislation Cited: Environmental Planning and Assessment Act 1979 State Environmental Planning Policy (Affordable Rental Housing) 2009 Warringah Local Environmental Plan 2011 Cases Cited: ACN 603 361 940 Pty Ltd v Northern Beaches Council [2019] NSWLEC 1012 Haynes v Northern Beaches Council [2020] NSWLEC 1600 Lizard Apple Pty Ltd v Inner West Council [2019] NSWLEC 1146 Project Venture Developments Pty Ltd v Pittwater Council (2005) 141 LGERA 80; [2005] NSWLEC 191 Texts Cited: Land and Environment Court of New South Wales, COVID-19 Pandemic Arrangements Policy New South Wales Department of Planning, Industry and Environment, Northern Beaches Hospital Precinct Structure Plan Northern Beaches Section 7.12 Contributions Plan 2019 Warringah Development Control Plan 2011 Category: Principal judgment Parties: Michael Williamson (Applicant) Northern Beaches Council (Respondent) Representation: Counsel: S Berveling (Applicant) C Gough (Solicitor) (Respondent)