CJH Investment Holdings Pty Ltd v Northern Beaches Council [2021] NSWLEC 1728

Land and Environment Court New South Wales

Medium Neutral Citation: CJH Investment Holdings Pty Ltd v Northern Beaches Council [2021] NSWLEC 1728 Hearing dates: Conciliation conference on 24 November 2021 Date of orders: 24 November 2021 Decision date: 24 November 2021 Jurisdiction: Class 1 Before: Gray C Decision: The Court orders that: (1) The applicant is to pay those costs of the Council that have been thrown away as a result of the applicant being given leave to file the amended DA in Court which, together with the costs order made on 24 September 2021, are agreed in the amount of $5,000, within 28 days of the making of these orders. (2) The Appeal is upheld; (3) Development Application No. DA2020/1441 for alterations, additions and a change of use of an existing two storey office premise to a twenty (20) double bedroom boarding house (including manager's room) with seven (7) car parking spaces and a neighbourhood shop with one (1) car parking space at Lot A, DP345183 known as No. 2B Francis Street, Dee Why is approved subject to the conditions set out in Annexure 'A'. Catchwords: APPEAL – development application – change of use to a boarding house and neighbourhood shop – existing building – conciliation conference – agreement reached – orders made Legislation Cited: Environmental Planning and Assessment Act 1979, ss 8.7, 4.15, 4.16 Environmental Planning and Assessment Regulation 2000, cl 55, Sch 1 Land and Environment Court Act 1979, s 34 State Environmental Planning Policy (Affordable Rental Housing) 2009, cll 29, 30, 30A State Environmental Planning Policy No 55—Remediation of Land, cl 7 Warringah Local Environmental Plan 2011, cll 4.3, 5.4, 5.21 Texts Cited: Draft State Environmental Planning Policy (Housing) 2021 Category: Principal judgment Parties: CJH Investment Holdings Pty Ltd (Applicant) Northern Beaches Council (Respondent) Representation: Counsel: M Staunton (Applicant) S Patterson (Solicitor) (Respondent)