ACN 646 685 592 Pty Ltd v Northern Beaches Council [2022] NSWLEC 1447

Land and Environment Court New South Wales

Medium Neutral Citation: ACN 646 685 592 Pty Ltd v Northern Beaches Council [2022] NSWLEC 1447 Hearing dates: Conciliation conference on 27 July 2022 Date of orders: 02 September 2022 Decision date: 02 September 2022 Jurisdiction: Class 1 Before: Horton C Decision: The Court orders that: (1) The Applicant is to pay the Respondent's costs thrown away pursuant to section 8.15(3) of the Environmental Planning and Assessment Act 1979, as a result of the amendment to the development application as agreed or assessed. (2) The appeal is upheld. (3) Development application no. DA2021/2153 for the demolition of 2 dwellings and the construction of a residential flat building and consolidation of Lot A and Lot C in DP 403991 at 27a-29 Pine Avenue, Brookvale is determined by the grant of consent, subject to the conditions of consent set out in Annexure A. Catchwords: DEVELOPMENT APPLICATION – residential apartment development – residential flat building in R3 Medium Density Residential zone – agreement between parties – conciliation conference – orders Legislation Cited: Environmental Planning and Assessment Act 1979, ss 4.16, 8.7 Warringah Local Environmental Plan 2011, cll 4.3, 6.1, 6.2 Land and Environment Court Act 1979, s 34 State Environmental Planning Policy No 65 – Design Quality of Residential Apartment Development, cll 19, 28, 30 State Environmental Planning Policy (Resilience and Hazards) 2021, s 4.6 State Environmental Planning Policy (Building Sustainability Index: BASIX) 2004 Environmental Planning and Assessment Regulation 2000, cll 3, 50, 55 Texts Cited: Apartment Design Guide Category: Principal judgment Parties: ACN 646 685 592 Pty Ltd (Applicant) Northern Beaches Council (Respondent) Representation: Counsel: A Hemmings (Applicant) A Gough (Solicitor) (Respondent)