3MAV Pty Ltd v Northern Beaches Council [2021] NSWLEC 1670

Land and Environment Court New South Wales

Medium Neutral Citation: 3MAV Pty Ltd v Northern Beaches Council [2021] NSWLEC 1670 Hearing dates: Conciliation conference on 22 October 2021 Date of orders: 08 November 2021 Decision date: 08 November 2021 Jurisdiction: Class 1 Before: Espinosa C Decision: The Court Orders that: (1) The Applicant is to pay the Respondent's costs thrown away pursuant to s 8.15(3) of the Environmental Planning and Assessment Act 1979 in the amount of $1,000.00 within 28 days of the orders being made by the Court. (2) The appeal is upheld. (3) Development consent is granted to Development Application No DA 2020/0903 for the partial demolition of the existing structures and construction of a shop top housing development on land at 62 Old Barrenjoey Road, Avalon Beach NSW, subject to the conditions of consent contained at Annexure "A". Catchwords: DEVELOPMENT APPEAL – conciliation conference – agreement between the parties – orders Legislation Cited: Environmental Planning and Assessment Act 1979, ss 4.15, 8.7, 8.15 Environmental Planning and Assessment Regulation 2000, cll 55, 92, 98, 143A Home Building Act 1989 Land and Environment Court Act 1979, s 34 Pittwater Local Environmental Plan 2014, cll 2.7, 4.1, 4.2, 4.3, 4.4, 5.10, 5.21, 7.1, 7.2, 7.4, 7.10 State Environmental Planning Policy No 55—Remediation of Land, cl 7 State Environmental Planning Policy No 64—Advertising and Signage State Environmental Planning Policy No 65—Design Quality of Residential Apartment Development, cl 4 State Environmental Planning Policy (Building Sustainability Index: BASIX) 2004 State Environmental Planning Policy (Infrastructure) 2007, cl 45 Texts Cited: AS 2601 - 1991: The Demolition of Structures Building Code of Australia Category: Principal judgment Parties: 3MAV Pty Ltd (Applicant) Northern Beaches Council (Respondent) Representation: Counsel: M Hanna (Solicitor) (Applicant) J Simpson (Solicitor) (Respondent)