ACN 647 465 236 v Northern Beaches Council [2022] NSWLEC 1245

Land and Environment Court New South Wales

Medium Neutral Citation: ACN 647 465 236 v Northern Beaches Council [2022] NSWLEC 1245 Hearing dates: 5 and 11 April 2022 Date of orders: 12 May 2022 Decision date: 12 May 2022 Jurisdiction: Class 1 Before: Washington AC Decision: The Court orders that: (1) The appeal is dismissed (2) Development Application DA2021/1208 for the demolition of 4 dwellings, development of a residential flat building comprising 23 dwellings and 30 car spaces and consolidation and strata title subdivision of Lots 1, 2, 3 and 4 in DP 104820 at 20-26 Avon Road, Dee Why, is determined by way of refusal. (3) The exhibits are returned except for exhibits A, 1, 3, 4 and 5. Catchwords: DEVELOPMENT APPLICATION – Clause 4.6 request – variation to height standard – residential flat building – insufficient environmental planning grounds Legislation Cited: Environmental Planning and Assessment Act 1979, s 1.3 Warringah Local Environmental Plan 2011 cll 4.3, 4.6 Cases Cited: Initial Action Pty Ltd v Woollahra Municipal Council (2008) 236 LGERA 256; [2018] NSWLEC 118 Wehbe v Pittwater Council (2007) 156 LGERA 446; [2007] NSWLEC 827 Texts Cited: Warringah Development Control Plan 2011 Category: Principal judgment Parties: ACN 647 465 236 (Applicant) Northern Beaches Council (Respondent) Representation: Counsel: A. Hemmings (Applicant) S. Patterson (Solicitor) (Respondent)

Solicitors: Addisons (Applicant) Wilshire Webb Staunton Beattie (Respondent) File Number(s): 2021/263788 Publication restriction: No