Altre Partners Pty Ltd v Northern Beaches Council [2023] NSWLEC 1145

Land and Environment Court New South Wales

Medium Neutral Citation: Altre Partners Pty Ltd v Northern Beaches Council [2023] NSWLEC 1145 Hearing dates: 30 November, 1 and 2 December 2022 Date of orders: 31 March 2023 Decision date: 31 March 2023 Jurisdiction: Class 1 Before: Chilcott C Decision: The Court orders: (1) The appeal is dismissed; (2) Development Application DA2021/2039 seeking consent for construction of a detached dwelling house at 70A Willandra Road, Narraweena, is determined by way of refusal; (3) The exhibits are returned, with the exception of Exhibits A and 2. Catchwords: DEVELOPMENT APPLICATION – proposed dwelling house – Oxford Falls Valley locality – whether proposed development will retain and complement distinctive environmental features of site – whether proposed development is sited and designed to be sympathetic to environmental features such as rock outcrops, remnant bushland and watercourses – whether proposed development is sited and designed to minimise the impact on remnant indigenous flora - whether proposed development is consistent with desired future character Legislation Cited: Environmental Planning and Assessment Act 1979, ss 4.15, 4.16, 8.7 Environmental Planning and Assessment Regulation 2021, s 37 Warringah Local Environmental Plan 2000, cll 12, 56, 58, 63, 66, 76 Warringah Local Environmental Plan 2011 Cases Cited: Addenbrooke Pty Lty v Woollahra Municipal Council [2008] NSWLEC 190 Amanah College Incorporated v Minister for Education and Training [2011] NSWLEC 189 Project Venture Developments v Pittwater Council (2005) 141 LGERA 80; [2005] NSWLEC 191 Texts Cited: Macquarie Dictionary Publishers, Macquarie Dictionary, 2023 (consulted on-line 10/3/23) Northern Beaches Council Water Management for Development Policy Warringah Council Policy No. PL 740 Waterways - Protection of Waterways and Riparian Land Policy Warringah Development Control Plan 2000 Category: Principal judgment Parties: Altre Partners Pty Ltd (Applicant) Northern Beaches Council (Respondent) Representation: Counsel: C Novak (Applicant) C Rose (Solicitor) (Respondent)