Co-ordinated Projects Pty. Limited v Northern Beaches Council [2022] NSWLEC 1055

Land and Environment Court New South Wales

Medium Neutral Citation: Co-ordinated Projects Pty. Limited v Northern Beaches Council [2022] NSWLEC 1055 Hearing dates: Conciliation conference on 1 February 2022 Date of orders: 08 February 2022 Decision date: 08 February 2022 Jurisdiction: Class 1 Before: Chilcott C Decision: The Court orders that: (1) The Applicant's clause 4.6 written request seeking to vary the height of development standard under clause 4.3 of Warringah Local Environmental Plan 2011, in relation to the 11m height control applying to the site, is upheld. (2) The appeal is upheld. (3) Development Application No. DA2020/1425 for demolition of existing structures and construction of a 4 storey shop top housing development comprising 27 residential apartments, 3 retail tenancies and basement car parking on land legally described as Lot C in DP39108 and Lot 3 in DP975160, known as 1 Kenneth Road and 265 Condamine Street, Manly Vale is approved subject to the conditions set out in Annexure "A" to this agreement. Catchwords: DEVELOPMENT APPLICATION – conciliation conference – agreement between the parties – orders Legislation Cited: Environmental Planning and Assessment Act 1979, ss 4.16, 8.7 Environmental Planning and Assessment Regulation 2000, cll 2A, 55, 77, Pt 1, Sch 1 Land and Environment Court Act 1979, s 34 Roads Act 1993, s 138 State Environmental Planning Policy (Building Sustainability Index: BASIX) 2004, cl 6 State Environmental Planning Policy (Infrastructure) 2007, cll 45, 100 State Environmental Planning Policy No 55—Remediation of Land, cl 7 State Environmental Planning Policy No 65—Design Quality of Residential Apartment Development, cll 3, 28), Sch 1 Warringah Local Environmental Plan 2011, cll 2.3, 4.3, 4.6, 6.2 Texts Cited: Land and Environment Court of New South Wales, COVID-19 Pandemic Arrangements Policy (December 2021) NSW Department of Planning and Environment, Apartment Design Guide, 2015 Category: Principal judgment Parties: Co-ordinated Projects Pty Limited (Applicant) Northern Beaches Council (Respondent) Representation: Counsel: G McKee (Solicitor) (Applicant) J Simpson (Solicitor)(Respondent)