Macri v Northern Beaches Council [2021] NSWLEC 1685

Land and Environment Court New South Wales

Medium Neutral Citation: Macri v Northern Beaches Council [2021] NSWLEC 1685 Hearing dates: Conciliation conference on 31 August, 22 and 28 September, 15 and 29 October and 3 November 2021 Date of orders: 10 November 2021 Decision date: 10 November 2021 Jurisdiction: Class 1 Before: Espinosa C Decision: The Court orders that: (1) Pursuant to s 8.15(3) of the Environmental Planning and Assessment Act 1979 the Applicant is to pay, on or before 1 December 2021, those costs of the Respondent thrown away as a result of the Court allowing the Applicant to file the Amended Development Application agreed at $15,000. (2) The updated written request made pursuant to clause 4.6 of Pittwater Local Environmental Plan 2014 seeking to vary the height of buildings development standard in clause 4.3 of PLEP prepared by JV Urban dated 26 October 2021 is upheld. (3) The updated written request made pursuant to clause 4.6 of Pittwater Local Environmental Plan 2014 seeking to vary the dwelling density development standard in clause 4.5A(2) of PLEP prepared by JV Urban dated 6 September 2021 is upheld. (4) The Appeal is upheld. (5) Development Application DA2020/1351 for demolition of existing buildings and construction of a three storey shop top housing development at 1 Bilambee Lane, Bilgola Plateau is approved subject to the conditions in Annexure A. Catchwords: DEVELOPMENT APPEAL – shop top housing – conciliation conference – agreement between the parties – orders Legislation Cited: Environmental Planning and Assessment Act 1979, ss 4.15, 4.16, 8.7, 8.14, 8.15 Environmental Planning and Assessment Regulation 2000, cl 55 Land and Environment Court Act 1979, ss 34, 39 Pittwater Local Environmental Plan 2014, cll 2.3, 2.7, 4.3, 4.5A, 4.6, 7.1, 7.2, 7.6, 7.10 State Environmental Planning Policy (Building Sustainability Index: BASIX) 2004 State Environmental Planning Policy (Infrastructure) 2007, cl 45 State Environmental Planning Policy 55— Remediation of Land, cl 7 State Environmental Planning Policy No 65—Design Quality of Residential Apartment Development Texts Cited: Pittwater Development Control Plan 2014 Category: Principal judgment Parties: Steve Macri (Applicant) Northern Beaches Council (Respondent) Representation: Counsel: M Staunton (Applicant) A Hudson (Solicitor) (Respondent)