Collaroy Street Pty Ltd v Northern Beaches Council [2021] NSWLEC 1779

Land and Environment Court New South Wales

Medium Neutral Citation: Collaroy Street Pty Ltd v Northern Beaches Council [2021] NSWLEC 1779 Hearing dates: 14-15 September 2021 Date of orders: 22 December 2021 Decision date: 22 December 2021 Jurisdiction: Class 1 Before: Walsh C Decision: The Court orders that: (1) The written request seeking to justify the contravention of the height of buildings development standard at cl 4.3 of Warringah Local Environmental Plan 2011, prepared by Boston Blyth Fleming and dated 13 September 2021, is upheld. (2) The appeal is upheld. (3) Development consent is granted to Development Application No. DA2020/1453 for demolition works and construction of a shop top housing development at 4 Collaroy Street Collaroy and 1 Alexander Street Collaroy, subject to the conditions of consent in Annexure A. (4) The following exhibits are returned; 2, 3, 4, R, S, V. Catchwords: DEVELOPMENT APPLICATION – shop top housing – building height contravention – character compatibility – objections Legislation Cited: Environmental Planning and Assessment Act 1979, ss 1.3, 4.15, 8.7 Environmental Planning and Assessment Regulation 2000, cll 50, 98E, 143 State Environmental Planning Policy No 55—Remediation of Land, cl 7 State Environmental Planning Policy No 65—Design Quality of Residential Apartment Development State Environmental Planning Policy (Infrastructure) 2007, cll 45 Warringah Local Environmental Plan 2011, cll 4.3, 4.6, 6.1, 6.2, 6.4 Cases Cited: Addenbrooke Pty Ltd v Woollahra Municipal Council [2008] NSWLEC 190 Hrsto v Canterbury City Council [2014] NSWLEC 121 Wehbe v Pittwater Council (2007) 156 LGERA 446; [2007] NSWLEC 827 Texts Cited: Apartment Design Guide Land and Environment Court, COVID -19 Pandemic Arrangements Policy (April 2021) Warringah Development Control Plan 2011 Category: Principal judgment Parties: Collaroy Street Pty Ltd (Applicant) Northern Beaches Council (Respondent) Representation: Counsel: A Galasso SC (Applicant) S Patterson (Solicitor) (Respondent)