East Coast Property Development Pty Ltd ATF East Coast Property Development Unit Trust v Northern Beaches Council [2022] NSWLEC 1305

Land and Environment Court New South Wales

Medium Neutral Citation: East Coast Property Development Pty Ltd ATF East Coast Property Development Unit Trust v Northern Beaches Council [2022] NSWLEC 1305 Hearing dates: Conciliation Conference 21 March 2022 Date of orders: 15 June 2022 Decision date: 15 June 2022 Jurisdiction: Class 1 Before: Dickson C Decision: The Court orders that: (1) The appeal is upheld (2) The applicant is to pay the respondent's costs thrown away pursuant to s 8.15 (3) of the Environmental Planning and Assessment Act 1979 (NSW) in the amount of $8000 within 28 days of the orders being made by the Court. (3) Development Application No. 2021/1805 for the demolition of the existing dwelling located on the subject allotment and the construction of a seniors housing development incorporating 5 x 3 bedroom in-fill self-care housing units and basement car parking for 9 vehicles, at 4 Alexander Street, Collaroy (Lot A DP 379308), pursuant to the provisions of State Environmental Planning Policy (Housing for Seniors or People with a Disability) 2004 is determined by the granting of consent subject to the conditions set out in Annexure "A" to this agreement. Catchwords: DEVELOPMENT APPLICATION – infill seniors housing development – amended plans – agreement between the parties - orders Legislation Cited: Environmental Planning and Assessment Act 1979, ss 4.15, 4.16, 8.7, 8.15 Environmental Planning and Assessment Regulation 2000, cl 55 Environmental Planning and Assessment Regulation 2021, cl 29 Land and Environment Court Act 1979, s 34 State Environmental Planning Policy (Building Sustainability Index: BASIX) 2004 State Environmental Planning Policy (Biodiversity and Conservation) 2021, cll 10.19, 10.20 State Environmental Planning Policy No 65 – Design Quality of Residential Apartment Development, cl 28, Sch 1 State Environmental Planning Policy (Housing) 2021, Sch 7A State Environmental Planning Policy (Housing for Seniors or People with a Disability) 2004, cll 26, 28, 30, 40, Div 6, Pt 4 State Environmental Planning Policy No 55—Remediation of Land State Environmental Planning Policy (Resilience and Hazards) 2021, cl 4.6 Warringah Local Environmental Plan 2011, cll 4.6, 6.1, 6.2 Texts Cited: Department of Infrastructure, Planning and Natural Resources, Seniors Living Policy: Urban Design Guidelines for Infill Development, March 2004 NSW Department of Planning and Environment, Apartment Design Guide Category: Principal judgment Parties: East Coast Property Development Pty Ltd ATF East Coast Property Development Unit Trust (Applicant) Northern Beaches Council (Respondent) Representation: Solicitors: McKees Legal Solutions (Applicant) Northern Beaches Council (Respondent) File Number(s): 2021/362068 Publication restriction: No