Warriewood Developers Pty Ltd v Northern Beaches Council [2024] NSWLEC 1321

Land and Environment Court New South Wales

Medium Neutral Citation: Warriewood Developers Pty Ltd v Northern Beaches Council [2024] NSWLEC 1321 Hearing dates: 21-22 March 2024 Date of orders: 14 June 2024 Decision date: 14 June 2024 Jurisdiction: Class 1 Before: Washington AC Decision: The Court orders: (1) The appeal is upheld. (2) Development application DA2021/2600 for the subdivision of land into twelve (12) lots, supporting civil engineering works, biodiversity management of riparian/wetland areas and the construction of two (2) residential flat buildings on land legally described as Lot 2 in DP 972209, Lot 2 in DP 349085 and Lot 1 in DP 349085, known as 43, 45 and 49 Warriewood Road, Warriewood is determined by the grant of consent, subject to the conditions at Annexure A. (3) The applicant is to pay the respondent's costs thrown away pursuant to s 8.15(3) of the Environmental Planning and Assessment Act 1979, as agreed or assessed. (4) All exhibits are returned except for A, B, C and 3, 4 and 6. Catchwords: DEVELOPMENT APPLICATION – subdivision – creek line works – construction of residential flat buildings – appeal upheld Legislation Cited: Biodiversity Conservation Act 2016, s 7.2 Environmental Planning and Assessment Act 1979, ss 1.3, 4.15, 4.47, 8.7, 8.14, 10.3 Land and Environment Court Act 1979, s 39 Water Management Act 2000, s 91 Rural Fires Act 1997, s 100B Biodiversity Conservation Regulation 2017, ss 7.1-7.3 Pittwater Local Environmental Plan 2014, cl 4.3, 4.6, 5.21, 6.1, 7.1, 7.2, 7.6, 7.10 State Environmental Planning Policy (Planning Systems) 2001, s 2.19, Sch 6 s 3, State Environmental Planning Policy (Resilience and Hazards) 2021, ss 2.7, 2.8 State Environmental Planning Policy 65 – Design Quality of Residential Apartment Development, Pt 2 Cases Cited: Initial Action Pty Ltd v Woollahra Municipal Council (2018) 236 LGERA 256; [2018] NSWLEC 118 Wehbe v Pittwater Council (2007) 156 LGERA 446; [2007] NSWLEC 827 Texts Cited: Apartment Design Guide 2015 Biodiversity Assessment Method 2020 Pittwater 21 Development Control Plan Planning for Bush Fire Protection 2019 Warriewood Valley Roads Masterplan 2018 Category: Principal judgment Parties: Warriewood Developers Pty Ltd (Applicant) Northern Beaches Council (Respondent) Representation: Counsel: M Staunton (Applicant) S Patterson (Solicitor) (Respondent)