Harbord Hotel Holdings Pty Ltd v Northern Beaches Council [2023] NSWLEC 1270

Land and Environment Court New South Wales

Medium Neutral Citation: Harbord Hotel Holdings Pty Ltd v Northern Beaches Council [2023] NSWLEC 1270 Hearing dates: 29 May 2023 Date of orders: 02 June 2023 Decision date: 02 June 2023 Jurisdiction: Class 1 Before: Dixon SC Decision: The Court orders: (1) The applicant's written request pursuant to clause 4.6 of Warringah Local Environmental Plan 2011 (LEP) seeking a variation to maximum height of building control in clause 4.3 of the LEP, prepared by Boston Blyth Fleming dated 15 August 2021, is upheld. (2) The appeal is upheld. (3) Development consent is granted to development application no. DA2021/1620 for alterations and additions to an existing pub (Harbord Hotel) at 29-31 Moore Road, Freshwater subject to the conditions of consent in Annexure A. (4) The exhibits are returned except for A, B, D, E, 2, 3 and 4. Catchwords: APPEAL – development application – alterations and additions to the Harbord Hotel – imposition of conditions relating to noise compliance, patron numbers, shuttle bus for patrons and vehicle parking – plan of management amended to give effect to conditions imposed Legislation Cited: Environmental Planning and Assessment Act 1979, ss 4.16, 4.17, 8.14 Land and Environment Court Act 1979, s 34(4)(b)(i) State Environmental Planning Policy (Coastal Management) 2018 (repealed) State Environmental Planning Policy (Infrastructure) 2007 (repealed), cl 45 State Environmental Planning Policy (Resilience and Hazards) 2021, Ch 2, ss 2.10, 2.12, 2.13; Ch 4 State Environmental Planning Policy (Transport and Infrastructure) 2021, s 2.48 Warringah Local Environmental Plan 2011, cll 2.5, 2.7, 4.3, 4.6, 5.10, 5.20, 6.4; Sch 1 Item 14; Sch 5 Cases Cited: Wehbe v Pittwater Council (2007) 156 LGERA 446; [2007] NSWLEC 827 Texts Cited: Building Code of Australia NSW Noise Policy for Industry Warringah Development Control Plan 2011 Category: Principal judgment Parties: Harbord Hotel Holdings Pty Ltd (Applicant) Northern Beaches Council (Respondent) Representation: Counsel: M Staunton (Applicant) C Rose (Solicitor) (Respondent)