Mona Vale Holdings (NSW) Pty Ltd v Northern Beaches Council [2022] NSWLEC 1399

Land and Environment Court New South Wales

Medium Neutral Citation: Mona Vale Holdings (NSW) Pty Ltd v Northern Beaches Council [2022] NSWLEC 1399 Hearing dates: Conciliation conference on 26 April, 27 May, 7 June 2022, final agreement filed 7 June 2022 Date of orders: 27 July 2022 Decision date: 27 July 2022 Jurisdiction: Class 1 Before: Pullinger AC Decision: The Court orders that: (1) Leave is granted to the Applicant to amend Development Application DA/2021/1901 and rely on the amended plans and documents listed at condition 1 of Annexure A. (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 $3,000 within 28 days of these orders. (3) The appeal is upheld. (4) Consent is granted to Development Application DA/2021/1901 (as amended) for demolition of the existing dwelling houses and construction of a seniors housing development comprising 12 dwellings over one level of basement car parking containing 26 parking spaces, at 21-23 Mona Avenue and 120 Bassett Street, Mona Vale, subject to conditions contained in Annexure A. Catchwords: DEVELOPMENT APPLICATION – seniors housing development – access requirements – agreement between the parties – orders Legislation Cited: Environmental Planning and Assessment Act 1979, ss 4.16, 8.7, 8.15 Environmental Planning and Assessment Regulation 2000, cl 55 Land and Environment Court Act 1979, s 34 Pittwater Local Environmental Plan 2014, cll 4.3, 4.4, 5.10, 5.21, 7.1, 7.2, 7.4, 7.10 State Environmental Planning Policy (Building Sustainability Index: BASIX) 2004 State Environmental Planning Policy (Housing for Seniors or People with a Disability) 2004, cl 26 State Environmental Planning Policy (Resilience and Hazards) 2021, ss 2.10, 2.11, 4.6 Texts Cited: Land and Environment Court of New South Wales, COVID-19 Pandemic Arrangements Policy (February 2022) Category: Principal judgment Parties: Mona Vale Holdings (NSW) Pty Ltd (Applicant) Northern Beaches Council (Respondent) Representation: Counsel: M Sonter (Solicitor) (Applicant) J Simpson (Solicitor) (Respondent)