Collaroy Street Pty Ltd v Northern Beaches Council [2023] NSWLEC 1555

Land and Environment Court New South Wales

Medium Neutral Citation: Collaroy Street Pty Ltd v Northern Beaches Council [2023] NSWLEC 1555 Hearing dates: Conciliation conference on 19 July 2023, 23 August and 8 September 2023, final agreement filed on 8 September 2023 Date of orders: 22 September 2023 Decision date: 22 September 2023 Jurisdiction: Class 1 Before: Pullinger AC Decision: The Court orders that: (1) Leave is granted to the Applicant to amend DA2020/1453 and rely on the amended plans and documents listed at Condition 1B of Annexure A. (2) The appeal is upheld. (3) Development Consent DA2020/1453 is modified in the terms set out at Annexure A. (4) Development Consent DA2020/1453 as modified by the Court is set out at Annexure B. Catchwords: MODIFICATION APPLICATION – residential apartment development – shop-top housing – agreement between the parties – orders Legislation Cited: Environmental Planning and Assessment Act 1979, ss 4.55, 8.9 Environmental Planning and Assessment Regulation 2021, ss 102, 113 Land and Environment Court Act 1979, s 34 State Environmental Planning Policy (Building Sustainability Index: BASIX) 2004 State Environmental Planning Policy No 65—Design Quality of Residential Apartment Development Warringah Local Environmental Plan 2011 Texts Cited: Northern Beaches Community Participation Plan NSW Department of Planning and Environment, Apartment Design Guide (2015) Category: Principal judgment Parties: Collaroy Street Pty Ltd (Applicant) Northern Beaches Council (Respondent) Representation: Counsel: G McKee (Solicitor) (Applicant) S Patterson (Solicitor) (Respondent)