Rohani Investments Pty Ltd v Northern Beaches Council [2021] NSWLEC 1464

Land and Environment Court New South Wales

Medium Neutral Citation: Rohani Investments Pty Ltd v Northern Beaches Council [2021] NSWLEC 1464 Hearing dates: 17-18 August 2021 Date of orders: 03 September 2021 Decision date: 03 September 2021 Jurisdiction: Class 1 Before: Dickson C Decision: Proceedings 2020/342803 The Court orders that: (1) The appeal is upheld. (2) That development application DA/2020/744 for demolition of existing structures, the construction of a two-storey boarding house of a total of 12 rooms and 1 managers room, carparking, landscaping and ancillary works at 635 Warringah Road, Forestville (Lot 1 DP 28219) is approved subject to the conditions annexed at 'A'. (3) The exhibits are returned with the exception of Exhibits 1, A, B and J. Proceedings 2020/342804 The Court orders that: (1) The appeal is upheld. (2) That development application DA/2020/745 for demolition of existing structures, the construction of a two-storey boarding house of a total of 12 rooms and 1 managers room, carparking, landscaping and ancillary works at 633 Warringah Road, Forestville (Lot 15 DP 212195) is approved subject to the conditions annexed at 'A'. (3) The exhibits are returned with the exception of Exhibits 2, E, F, and K. Catchwords: DEVELOPMENT APPLICATIONS – two adjoining boarding house developments – amended plans – planning and urban design experts agree contentions resolved – public submissions – evaluation of merit of the development applications – appeal upheld Legislation Cited: Environmental Planning and Assessment Act 1979, ss 4.15, 4.16, 8.7 Environmental Planning and Assessment Regulation 2000 State Environmental Planning Policy (Affordable Rental Housing) 2009, cll 26, 29, 30, 30A, 30AA, 54C State Environmental Planning Policy (Building Sustainability Index: BASIX) 2004 State Environmental Planning Policy (Infrastructure) 2007, cll 45, 101, 102, 106 State Environmental Planning Policy No 55 – Remediation of Land, cl 7 Warringah Local Environmental Plan 2011 Cases Cited: Project Venture Developments Pty Ltd v Pittwater Council (2005) 141 LGERA 80; [2005] NSWLEC 191 Texts Cited: Warringah Development Control Plan 2011 Development near Rail Corridors and Busy Roads, Department of Planning and Infrastructure's Category: Principal judgment Parties: Rohani Investments Pty Ltd (Applicant) Northern Beaches Council (Respondent) Representation: Counsel: M Staunton with T Poisel (Applicant) S Patterson (Solicitor) (Respondent)