A.C.N. 637 462 250 Pty Ltd v Northern Beaches Council [2021] NSWLEC 1055

Land and Environment Court New South Wales

Medium Neutral Citation: A.C.N. 637 462 250 Pty Ltd v Northern Beaches Council [2021] NSWLEC 1055 Hearing dates: 17, 18 and 29 September 2020 Date of orders: 03 February 2021 Decision date: 03 February 2021 Jurisdiction: Class 1 Before: Espinosa C Decision: The Court orders that: (1) The appeal is upheld. (2) Development application No. DA2020/0090 seeking development consent for the Demolition of the existing structures at 20 Westminster Avenue, Dee Why (the Site) and construction of a three (3) and four (4) storey split level boarding house containing twenty-two (22) double rooms and basement parking, Earthworks and excavation, Associated civil infrastructure, including on-site stormwater detention and a new driveway centrally located at 20 Westminster Avenue, Dee Why NSW, legally identified as Lot 15 DP 9125 (676m2) and (b) Lot A DP 392346 (105m2) is approved subject to conditions of consent filed 29 January 2021 and Annexed marked 'A'. (3) The exhibits marked 2 and B are to be returned. Catchwords: DEVELOPMENT APPEAL – boarding house – compatibility with local area – bulk and scale – privacy – public interest – 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: 193 Liverpool Road Pty Ltd v Inner West Council [2017] NSWLEC 13 Madss Properties No 2 Pty Ltd ATF Newtown Property Trust (No 2) v Blacktown City Council [2019] NSWLEC 126 Project Venture Developments v Pittwater Council (2005) 141 LGERA 80; [2005] NSWLEC 191 Super Studio v Waverley Council (2004) 133 LGERA 363; [2004] NSWLEC 91 Texts Cited: Warringah Development Control Plan 2011 Northern Beaches Community Participation Plan Category: Principal judgment Parties: ACN 637462250 Pty Ltd (Applicant) Northern Beaches Council (Respondent) Representation: Counsel: A Hemmings (Applicant) S Patterson (Solicitor) (Respondent)