Collaroy Street Pty Ltd v Northern Beaches Council [2024] NSWLEC 1062

Land and Environment Court New South Wales

Medium Neutral Citation: Collaroy Street Pty Ltd v Northern Beaches Council [2024] NSWLEC 1062 Hearing dates: Conciliation conference on 25 January 2024 Date of orders: 21 February 2024 Decision date: 21 February 2024 Jurisdiction: Class 1 Before: Walsh C Decision: The Court orders that: (1) The appeal is upheld. (2) Development consent DA2020/1453 is modified in the terms in Annexure A. (3) Development consent DA2020/1453 as modified by the Court is Annexure B. Catchwords: MODIFICATION APPLICATION – conciliation conference – agreement between the parties – orders Legislation Cited: Environmental Planning and Assessment Act 1979, ss 4.15, 4.55 Land and Environment Court Act 1979, s 34 Environmental Planning and Assessment Regulation 2021, s 113 State Environmental Planning Policy (Building Sustainability Index: BASIX) 2004 State Environmental Planning Policy (Housing) 2021, Sch 9 Warringah Local Environmental Plan 2011 Cases Cited: Collaroy Street Pty Ltd v Northern Beaches Council [2021] NSWLEC 177 Collaroy Street Pty Ltd v Northern Beaches Council [2022] NSWLEC 1448 Collaroy Street Pty Ltd v Northern Beaches Council [2023] NSWLEC 155 Texts Cited: Department of Planning and Environment, Apartment Design Guide, July 2015 Category: Principal judgment Parties: Collaroy Street Pty Ltd (Applicant) Northern Beaches Council (Respondent) Representation: Counsel: G McKee (Solicitor) (Applicant) M Domingo (Solicitor) (Respondent)