Laxland 3 Pty Ltd as the Trustee for Laxland 3 Trust v Northern Beaches Council [2024] NSWLEC 1350

Land and Environment Court New South Wales

Medium Neutral Citation: Laxland 3 Pty Ltd as the Trustee for Laxland 3 Trust v Northern Beaches Council [2024] NSWLEC 1350 Hearing dates: Conciliation Conference on 9 May 2024 Date of orders: 25 June 2024 Decision date: 25 June 2024 Jurisdiction: Class 1 Before: Targett AC Decision: The Court orders that: (1) The appeal is upheld. (2) The applicant is to pay the respondent's costs thrown away as a result of the amendment of development application DA 2023/0995 in the amount of $1,000 pursuant to s 8.15(3) of the Environmental Planning and Assessment Act 1979. (3) Development Application No. DA 2023/0995 lodged on 27 July 2023, as amended, for demolition of existing dwellings and the construction of a seniors housing development, incorporating eight in-fill self-care housing units and basement car-parking at 52-54 Brighton Street, Freshwater NSW 2096 (also known as Lot 38 in DP 14450 and Lot A in DP 384323) is determined by the granting of consent, subject to the conditions set out in Annexure A. Catchwords: APPEAL – Development application – seniors housing – conciliation conference – agreement between the parties – orders Legislation Cited: Environmental Planning and Assessment Act 1979, ss 4.15, 8.7, 8.10, 8.15 Land and Environment Court Act 1979, ss 17, 34 Environmental Planning and Assessment Regulation 2021, s 38 State Environmental Planning Policy Amendment (Housing) 2023 State Environmental Planning Policy (Building Sustainability Index: BASIX) 2004 State Environmental Planning Policy (Housing) 2021, Pt 5, Div 6 ss 79, 84, 85, 88, 81, 93, 95, 97, 98, 108, Sch 4 ss 5, 7, 16, Sch 7A s 8 State Environmental Planning Policy No 65 – Design Quality of Residential Apartment Development, cl 28, Sch 1 State Environmental Planning Policy (Resilience and Hazards) 2021, cl 4.6 State Environmental Planning Policy (Sustainable Buildings) 2022, s 4.2 Warringah Local Environmental Plan 2011 cll 4.3, 4.4, 4.6, 5.21, 6.2 6.4 Texts Cited: Department of Infrastructure, Planning and Natural Resources, Seniors Living Policy: Urban Design Guideline for Infill Development, March 2004 Department of Planning and Environment, Apartment Design Guide, July 2015 Northern Beaches Community Participation Plan 2019 Standards Australia, AS2890.6:2022, November 2022 Warringah Development Control Plan 2011 Category: Principal judgment Parties: Laxland 3 Pty Ltd as the Trustee for Laxland 3 Trust (Applicant) Northern Beaches Council (Respondent) Representation: Counsel: P Murray (Solicitor) (Applicant) J Simpson (Solicitor) (Respondent)