Armada Avalon Pty Ltd v Northern Beaches Council [2022] NSWLEC 1573

Land and Environment Court New South Wales

Medium Neutral Citation: Armada Avalon Pty Ltd v Northern Beaches Council [2022] NSWLEC 1573 Hearing dates: Conciliation conference on 14 October 2022 Date of orders: 20 October 2022 Decision date: 20 October 2022 Jurisdiction: Class 1 Before: Harding AC Decision: The Court Orders that: (1) The Appeal is upheld. (2) The Modification Application seeking to modify Development Consent No. DA2019/1260 is approved and the Development Consent is modified as set out in Annexure "A". (3) The Modification Application to Development Consent No. DA2019/1260, as approved by the Court, is subject to the consolidated conditions of Development Consent set out in Annexure "B". Catchwords: MODIFICATION APPLICATION – application to modify Court Development Consent - Seniors Housing – amended plans – conciliation conference – agreement between the parties – orders Legislation Cited: Environmental Planning and Assessment Act 1979, s 4.55 Land and Environment Court Act 1979, s 34 State Environmental Planning Policy (Housing for Seniors or People with a Disability) 2004 State Environmental Planning Policy (Housing) 2021, Sch 7A, cl 2 State Environmental Planning Policy (Building Sustainability Index: BASIX) 2004 Cases Cited: Armada Avalon Pty Ltd v Northern Beaches Council [2021] NSWLEC 1490. Category: Principal judgment Parties: Armada Avalon Pty Ltd (Applicant) Northern Beaches Council (Respondent) Representation: Counsel: J Koprivnjak (Solicitor)(Applicant) C Gough (Solicitor) (Respondent)