The Crest at Oxford Falls Pty Ltd v Northern Beaches Council [2021] NSWLEC 1152

Land and Environment Court New South Wales

Medium Neutral Citation: The Crest at Oxford Falls Pty Ltd v Northern Beaches Council [2021] NSWLEC 1152 Hearing dates: 25-26 February 2021 Date of orders: 26 March 2021 Decision date: 26 March 2021 Jurisdiction: Class 1 Before: Gray C Decision: The Court orders that: (1) The appeal is upheld. (2) Development consent is granted for the expansion of an approved industrial complex at Lot 100 Meatworks Avenue, Oxford Falls, by the construction of a building containing 10 industrial units with ancillary floor space, a roof top terrace, and associated car parking, subject to the conditions in Annexure A. (3) Exhibits 1-7 and D are returned. Catchwords: APPEAL – development application – extension of an existing industrial complex by the construction of an industrial building – Oxford Falls Valley locality – consistency with character statement – contentions resolved Legislation Cited: Environmental Planning and Assessment Act 1979 ss 8.7, 4.15 State Environmental Planning Policy No 55—Remediation of Land cl 7 Warringah Local Environmental Plan 2000 cll 12, 18, 43, 56, 57, 58, 60, 66, 72 Warringah Local Environmental Plan 2011 cl 1.3 Texts Cited: Northern Beaches Council, Water Management for Development Policy (February 2021) Department of Environment, Climate Change and Water NSW, NSW Road Noise Policy (March 2011) Category: Principal judgment Parties: The Crest at Oxford Falls Pty Ltd (Applicant) Northern Beaches Council (Respondent) Representation: Counsel: M Staunton (Applicant) S Patterson (Solicitor) (Respondent)