Petco Animal Supplies Pty Ltd v Northern Beaches Council [2021] NSWLEC 1277

Land and Environment Court New South Wales

Medium Neutral Citation: Petco Animal Supplies Pty Ltd v Northern Beaches Council [2021] NSWLEC 1277 Hearing dates: Conciliation conference on 4 February 2021, 9 April and 23 April 2021 Date of orders: 24 May 2021 Decision date: 24 May 2021 Jurisdiction: Class 1 Before: Peatman AC Decision: Proceedings 2020/279125 The Court Orders: (1) The appeal is upheld. (2) Pursuant to s 8.18(4)(a) of the Environmental Planning and Assessment Act 1979, the Court revokes Developmental Control Order EPA2020/0108, being an Order No 6, issued by the Respondent to the Applicant on 31 August 2020. Proceedings 2020/279121 The Court Orders: (1) The applicant is granted leave to amend the modification application and rely on the Drawing No SK01 Revision C, prepared by MAXAM + Co dated 16 February 2021. (2) The appeal is upheld. (3) Application MOD2020/0050 to modify the development consent DA2007/133 is approved subject to the condition set out in Annexure "A". (4) The Council is to consolidate Modification 2007/0133/MOD1 dated 21 November 2007 together with MOD 2020/0051 granted today into the consent document for Development Application DA2007/1333 granted 23 February 2007 in accordance with Annexure "B" hereto. Catchwords: DEVELOPMENT CONTROL ORDER – conciliation conference – agreement between the parties – orders MODIFICATION APPLICATION – conciliation conference – agreement between the parties – orders Legislation Cited: Environmental Planning and Assessment Act 1979 Land and Environment Court Act 1979 State Environmental Planning Policy No 64—Advertising and Signage Warringah Local Environmental Plan 2011 Texts Cited: Warringah Development Control Plan 2011 Category: Principal judgment Parties: Petco Animal Supplies Pty Ltd (Applicant) Northern Beaches Council (Respondent) Representation: Counsel: A Gadiel (Solicitor) (Applicant) S Patterson (Solicitor) (Respondent)