Leda Holdings Pty Ltd v Northern Beaches Council [2022] NSWLEC 1179

Land and Environment Court New South Wales

Medium Neutral Citation: Leda Holdings Pty Ltd v Northern Beaches Council [2022] NSWLEC 1179 Hearing dates: Conciliation conference on 15, 21 and 28 March 2022 Date of orders: 5 April 2022 Decision date: 05 April 2022 Jurisdiction: Class 1 Before: Bradbury AC Decision: The Court orders that: (1) The Applicant is to pay the Respondent's costs thrown away as a result of the amendment of Development Application DA2021/0139, in the amount of $5,000 pursuant to s 8.15(3) of the Environmental Planning and Assessment Act 1979. (2) The Applicant's written request prepared by Gyde Consulting Pty Ltd, dated 2 February 2022 pursuant to cl 4.6 of the Warringah Local Environmental Plan 2011, seeking to vary the height of buildings development standard in clause 4.3 of that plan, is upheld. (3) The Appeal is upheld. (4) Development consent is granted to Development Application DA2021/0139 for demolition works and the construction of a mixed-use building accommodating 9 self-storage units and 27 industrial units, including carparking and landscaping works at 2 Cross Street, Brookvale subject to the conditions in Annexure A. Catchwords: APPEAL – development application – mixed use building containing self-storage and industrial units – proposed development exceeds height development standard – clause 4.6 request – conciliation conference – agreement reached – orders made Legislation Cited: Biodiversity Conservation Act 2016, s 7.3 Environmental Planning and Assessment Act 1979, ss 4.15, 4.16, 8.7, 8.10 Environmental Planning and Assessment Regulation 2000, cll 49, 55, 102 Land and Environment Court Act 1979, s 34 Standard Instrument (Local Environmental Plans) Amendment (Flood Planning) Order 2021 Standard Instrument (Local Environmental Plans) Order 2006, cl 8(1) State Environmental Planning Policy Amendment (Flood Planning) 2021 State Environmental Planning Policy (Biodiversity and Conservation) 2021, cl 2.6 State Environmental Planning Policy (Industry and Employment) 2021, cl 3.11 State Environmental Planning Policy (Resilience and Hazards) 2021, cl 4.6 State Environmental Planning Policy (Transport and Infrastructure) 2021, cll 2.121, 2.48(2) Warringah Local Environmental Plan 2011, cll 2.3, 4.3, 4.6, 5.21, 6.1, 6.2, 6.3, 6.4 Cases Cited: Gardiner v Central Coast Council [2022] NSWLEC 1007 IDA Safe Constructions Pty Ltd v Central Coast Council [2021] NSWLEC 1434 Rothshire Pty Ltd v Fairfield City Council [2021] NSWLEC 1649 Texts Cited: Warringah Development Control Plan 2011 Category: Principal judgment Parties: Leda Holdings Pty Ltd (Applicant) Northern Beaches Council (Respondent) Representation: Counsel: A Whealy (Solicitor) (Applicant) J Simpson (Solicitor) (Respondent)