Platino Properties Pty Ltd v Northern Beaches Council [2023] NSWLEC 1186

Land and Environment Court New South Wales

Medium Neutral Citation: Platino Properties Pty Ltd v Northern Beaches Council [2023] NSWLEC 1186 Hearing dates: Conciliation conference on 7 March 2023 Date of orders: 20 April 2023 Decision date: 20 April 2023 Jurisdiction: Class 1 Before: O'Neill C Decision: The orders of the Court are: (1) The appeal is upheld. (2) Development Application No 2021/0212 for demolition of the existing structures, construction of two buildings ranging in height from 3 storeys to 7 storeys and containing 98 independent living units including 10 units for disability housing to be operated by Project Independence, and 4 affordable units for seniors, at 5 Skyline Road, Frenchs Forest, is determined by the grant of consent, subject to the conditions of consent at Annexure A. Catchwords: DEVELOPMENT APPLICATION – conciliation conference – agreement between the parties - orders Legislation Cited: Environmental Planning and Assessment Act 1979 s 4.16, 8.7 Environmental Planning and Assessment Regulation 2000, cl 55, 55AA, 121B Environmental Planning and Assessment Regulation 2021, Sch 6 s 3 Land and Environment Court Act 1979 s 34 Rural Fires Act 1997 s 100B State Environmental Planning Policy (Housing for Seniors and People with a Disability) 2004 cll 10, 14, 16, 25, 40 State Environmental Planning Policy (Housing) 2021 Sch 7A s 2 State Environmental Planning Policy (Resilience and Hazards) 2021 s 4.6 Warringah Local Environmental Plan 2011 Category: Principal judgment Parties: Platino Properties Pty Ltd (Applicant) Northern Beaches Council (Respondent) Representation: Counsel: M Staunton (Applicant) S Patterson (Solicitor) (Respondent)