Vigor Master Pty Ltd v Northern Beaches Council [2023] NSWLEC 1727

Land and Environment Court New South Wales

Medium Neutral Citation: Vigor Master Pty Ltd v Northern Beaches Council [2023] NSWLEC 1727 Hearing dates: Conciliation Conference on 9 October 2023 Date of orders: 01 December 2023 Decision date: 01 December 2023 Jurisdiction: Class 1 Before: Byrne AC Decision: The Court orders that: (1) The appeal is upheld. (2) Modification Application MOD2022/0373, as amended, to modify development DA2013/0324 for demolition works and construction of a Boarding House at 257 Harbord Road DEE WHY NSW, being Lot 1770 DP 752038, is approved, subject to the modified conditions set out in Annexure A. (3) As a consequence of the modification, Modification Application MOD2022/0373 is subject to the consolidated conditions of consent set out in Annexure B. Catchwords: DEVELOPMENT APPEAL – MODIFICATION – boarding house – conditions – conciliation conference – agreement reached – orders made Legislation Cited: Environmental Planning and Assessment Act 1979, ss 4.15, 4.55, 8.9, 8.14, 8.15, 107 Environmental Planning and Assessment Regulation 2021, ss 98, 113 Land and Environment Court Act 1979, ss 17, 34 State Environmental Planning Policy (Housing) 2021 State Environmental Planning Policy (Resilience and Hazards) 2021 Warringah Development Control Plan 2011 Warringah Local Environmental Plan 2011 Category: Principal judgment Parties: Vigor Master Pty Ltd (Applicant) Northern Beaches Council (Respondent) Representation: Counsel: Y Wang (Solicitor) (Applicant) J Simpson (Solicitor) (Respondent)