Double Arts Properties Pty Ltd v Northern Beaches Council [2023] NSWLEC 1003

Land and Environment Court New South Wales

Medium Neutral Citation: Double Arts Properties Pty Ltd v Northern Beaches Council [2023] NSWLEC 1003 Hearing dates: Conciliation conference on 23 November 2022 Date of orders: 6 January 2023 Decision date: 06 January 2023 Jurisdiction: Class 1 Before: Chilcott C Decision: The Court orders that: (1) pursuant to section 8.15(3) of the Environmental Planning and Assessment Act 1979 the Applicant is to pay the costs of the Respondent that are thrown away as a result of the Court allowing the Applicant to file the Amended Development Application, in the amount of $3,500; (2) the appeal is upheld; (3) Development Application No DA2022/0492 for alterations and additions to existing two storey building to provide a centre-based child care facility with associated earthworks, landscaping and at-grade parking at 397 Condamine Street, Allambie Heights, is approved, subject to the conditions of consent in Annexure 'A'. Catchwords: DEVELOPMENT APPLICATION – conciliation conference – agreement between the parties – orders. Legislation Cited: Education and Care Services National Regulations 2011, regs 107, 108 Environmental Planning and Assessment Act 1979, ss 4.15, 4.16, 8.7, 8.15 Environment Planning and Assessment Regulation 2021, ss 37, 38 Land and Environment Court Act 1979, s 34 State Environmental Planning Policy (Biodiversity and Conservation) 2021, s 2.6 State Environmental Planning Policy No 55 – Remediation of Land State Environmental Planning Policy (Resilience and Hazards) 2021, s 4.6 State Environmental Planning Policy (Transport and Infrastructure) 2021, ss 2.119, 2.120, Pt 3 Warringah Local Environmental Plan 2011, cll 2.3, 4.3, 6.1, 6.2, 6.4 Cases Cited: Landcorp Australia Pty Ltd v The Council of the City of Sydney [2020] NSWLEC 174 Texts Cited: Warringah Development Control Plan 2011 Category: Principal judgment Parties: Double Arts Properties Pty Ltd (Applicant) Northern Beaches Council (Respondent) Representation: Counsel: I Hemmings SC (Applicant) J Simpson (Solicitor)(Respondent)