Mackenzie Architects International Pty Ltd v Northern Beaches Council [2023] NSWLEC 1440

Land and Environment Court New South Wales

Medium Neutral Citation: Mackenzie Architects International Pty Ltd v Northern Beaches Council [2023] NSWLEC 1440 Hearing dates: Conciliation conference on 1 and 22 June, 5 and 28 July 2023 Date of orders: 14 August 2023 Decision date: 14 August 2023 Jurisdiction: Class 1 Before: Horton C Decision: The Court orders are: (1) See orders at [51]. Catchwords: DEVELOPMENT APPLICATION – shop top housing development in E1 Local Centre zone – conciliation conference – agreement between parties – orders Legislation Cited: Environmental Planning and Assessment Act 1979, ss 4.16, 8.7, 8.15 Environmental Planning and Assessment Regulation 2021, ss 29, 37 Land and Environment Court Act 1979, s 34 Pittwater Local Environmental Plan 2014, cll 4.3, 4.5A, 4.6, 5.21, 6.1, 7.2 Standard Instrument (Local Environmental Plans) Amendment (Land Use Zones) Order 2021 State Environmental Planning Policy (Building Sustainability Index: BASIX) 2004 State Environmental Planning Policy (Resilience and Hazards) 2012, s 4.6 State Environmental Planning Policy Amendment (Land Use Zones) (No 3) 2022 State Environmental Planning Policy No 65–Design Quality of Residential Apartment Development, cll 28, 29, 30 Texts Cited: Northern Beaches Local Housing Strategy Northern Beaches Local Strategic Planning Statement NSW Department of Planning and Environment, Apartment Design Guide Pittwater 21 Development Control Plan Category: Principal judgment Parties: Mackenzie Architects International Pty Ltd (Applicant) Northern Beaches Council (Respondent) Representation: Counsel: A Pearman (Applicant) J Simpson (Solicitor) (Respondent)