Platinum Property Advisors No 1 Pty Ltd ATF The Trustee for Platinum Property Advisors No 1 Trust v Northern Beaches Council [2021] NSWLEC 1675

Land and Environment Court New South Wales

Medium Neutral Citation: Platinum Property Advisors No 1 Pty Ltd ATF The Trustee for Platinum Property Advisors No 1 Trust v Northern Beaches Council [2021] NSWLEC 1675 Hearing dates: 7 October 2021 Date of orders: 8 October 2021 Decision date: 08 October 2021 Jurisdiction: Class 1 Before: Clay AC Decision: See direction at [118] Catchwords: DEVELOPMENT APPLICATION – shop top housing – character of the neighbourhood – appropriate urban form – design quality – breach of height control – bulk and scale – loss of trees – traffic impacts – adequacy of parking – pedestrian access and safety – experts agreement as to issues – matters raised by objectors – public interest Legislation Cited: Environmental Planning and Assessment Act 1979, ss 4.15, 8.14, 8.17 Environmental Planning and Assessment Regulation 2000, cl 50 Land and Environment Court Act 1979, s 39 State Environmental Planning Policy No 55—Remediation of Land State Environmental Planning Policy No 65 – Design Quality of Residential Flat Development, cl 28 State Environmental Planning Policy (Building Sustainability Index: BASIX) 2004 State Environmental Planning Policy (Infrastructure) 2007, cll 45, 104 State Environmental Planning Policy (State and Regional Development) 2011, Sch 7 Warringah Local Environmental Plan 2011, cll 2.3, 4.3, 4.6, 6.2 Cases Cited: Arco Iris Trading v North Sydney Council [2015] NSWLEC 1113 Hrsto v Canterbury City Council (2014) 204 LGERA 148; [2014] NSWLEC 121 Woollahra Municipal Council v SJD DB2 Pty Limited [2020] NSWLEC 115 Texts Cited: NSW Department of Planning and Environment, Apartment Design Guide, (July 2015) Land and Environment Court of NSW, COVID‑19 Pandemic Policy, (April 2021) Warringah Development Control Plan 2011 Category: Principal judgment Parties: Platinum Property Advisors No 1 Pty Ltd ATF The Trustee for Platinum Property Advisors No 1 Trust (Applicant) Northern Beaches Council (Respondent) Representation: Counsel: A Galasso SC (Applicant) S Patterson (Solicitor) (Respondent)