NSW Caselaw
Land and Environment Court New South Wales
Medium Neutral Citation: Forest Apartments Pty Ltd v Northern Beaches Council [2023] NSWLEC 1042 Hearing dates: 24 and 25 October 2022 Date of orders: 03 February 2023 Decision date: 03 February 2023 Jurisdiction: Class 1 Before: Walsh C Decision: The Court orders that: (1) The appeal is dismissed. (2) Development application DA2021/2362 for a three-storey building over basement parking at 1105 Barrenjoey Road, Palm Beach and 43 Iluka Road, Palm Beach (Lot CP SP 87024 and Lot CP SP 87022) is determined by refusal of consent. (3) The exhibits are returned except Exhibits 1, A, B, D and E which are retained. Catchwords: DEVELOPMENT APPLICATION – shop top housing development – height of building contravention – whether written request demonstrates sufficient environmental planning grounds to justify the contravention Legislation Cited: Environmental Planning and Assessment Act 1979 ss 1.3, 8.7 Land and Environment Court Act 1979 Pittwater Local Environmental Plan 2014 cll 4.3, 4.6 Cases Cited: Initial Action Pty Ltd v Woollahra Municipal Council (2018) 236 LGERA 256; [2018] NSWLEC 118 Texts Cited: Pittwater 21 Development Control Plan Category: Principal judgment Parties: Forest Apartments Pty Ltd (Applicant) Northern Beaches Council (Respondent) Representation: Counsel: N Eastman (Applicant) S Patterson (Solicitor) (Respondent)
Solicitors: Beazley Lawyers (Applicant) Wilshire Webb Staunton Beattie (Respondent) File Number(s): 2022/89442 Publication restriction: No
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