Northern Beaches Essential Accommodation Pty Ltd v Northern Beaches Council [2023] NSWLEC 1134

Land and Environment Court New South Wales

Medium Neutral Citation: Northern Beaches Essential Accommodation Pty Ltd v Northern Beaches Council [2023] NSWLEC 1134 Hearing dates: 29 and 30 September 2022 Date of orders: 28 March 2023 Decision date: 28 March 2023 Jurisdiction: Class 1 Before: Espinosa C Decision: The Court orders: (1) The appeal is upheld. (2) Development application No. DA2021/1039 seeking development consent for demolition of existing structures and construction of boarding house development comprising two (2) buildings containing 55 boarding rooms, basement parking and ancillary development at 16 Wyatt Avenue, Belrose legally described as Lot 2566 in Deposited Plan 752038 is determined by granting consent to the application subject to the conditions in Annexure A. Catchwords: DEVELOPMENT APPEAL – boarding house – desired future character – consistency - orders Legislation Cited: Environmental Planning and Assessment Act 1979, ss 4.15, 8.7 Environmental Planning and Assessment Regulation 2021 Standard Instrument - Principal Local Environmental Plan Standard Instrument (Local Environmental Plans) Order 2006, cl 4.6 State Environmental Planning Policy (Affordable Rental Housing) 2009, cl 26, Div 3 State Environmental Planning Policy (Building Sustainability Index: BASIX) 2004 State Environmental Planning Policy (Exempt and Complying Development Codes) 2008, cl 1.6 State Environmental Planning Policy (Housing) 2021 State Environmental Planning Policy (Resilience and Hazards) 2021, s 4.6 State Environmental Planning Policy (Transport and Infrastructure) 2021, s 2.48 Warringah Local Environmental Plan 2000, cll 3, 12, 18, 20, Pt 4, Appendix C Warringah Local Environmental Plan 2011 Cases Cited: Gillespies v Warringah Council (2002) 124 LGERA 147; [2002] NSWLEC 224 Japara Healthcare Limited v Northern Beaches Council [2018] NSWLEC 1670 Jeffrey v Canterbury-Bankstown Council [2020] NSWLEC 1581 New Century Developments Pty Limited v Baulkham Hills Shire Council (2003) 127 LGERA 303; [2003] NSWLEC 154 Platform Architects Pty Ltd v Northern Beaches Council [2020] NSWLEC 185 Residential Lifestyles Pty Ltd v Warringah Council [2005] NSWLEC 250 SJD DB2 Pty Ltd v Woollahra Municipal Council [2020] NSWLEC 1112 Vigor Master Pty Ltd v Warringah Shire Council [2008] NSWLEC 1128 Woollahra Municipal Council v SJD DB2 Pty Ltd [2020] NSWLEC 115 Texts Cited: Northern Beaches Council, Waste Management Guidelines, 2016 (For development in the area of WLEP 2011 and WLEP 2000) NSW Department of Planning and Environment, Apartment Design Guide, 2015 Category: Principal judgment Parties: Northern Beaches Essential Accommodation Pty Ltd ABN 47 649677163 (Applicant) Northern Beaches Council (Respondent) Representation: Counsel: J Farrell (Applicant) S Patterson (Solicitor) (Respondent)