Australian United Investment Pty Ltd v Northern Beaches Council [2024] NSWLEC 1405

Land and Environment Court New South Wales

Medium Neutral Citation: Australian United Investment Pty Ltd v Northern Beaches Council [2024] NSWLEC 1405 Hearing dates: 20-22 May 2024 Date of orders: 17 July 2024 Decision date: 17 July 2024 Jurisdiction: Class 1 Before: Horton C Decision: The Court orders that: (1) The Applicant is to pay the Respondent's costs thrown away as agreed or assessed, pursuant to s 8.15(3) of the Environmental Planning and Assessment Act 1979, arising from the amended application contained in the Notice of Motion dated 20 May 2024. (2) The appeal is dismissed. (3) Development Application DA2023/0172 seeking development consent for the demolition of existing site improvements and construction of a multi dwelling housing development comprising 26 dwellings with associated carparking, landscaping and infrastructure at Nos 1, 5, 5A and 7 Gladys Avenue, Frenchs Forest, is refused. (4) All exhibits are returned except for Exhibits A, D, E, F, G, M and 6. Catchwords: DEVELOPMENT APPLICATION: Multi dwelling development in R3 Medium Density Residential zone – whether consistent with desired future character - consent in an environment of uncertainty is problematic - no power to consider development that is not the subject of the development application Legislation Cited: Environmental Planning and Assessment Act 1979, ss 4.15, 4.16, 8.7, 8.15 Land and Environment Court Act 1979, s 39 Environmental Planning and Assessment Regulation 2021, s 38 Warringah Local Environmental Plan 2011, cll 4.3, 4.4, 8.5 Cases Cited: Toga Penrith Developments Pty Limited v Penrith City Council [2022] NSWLEC 117 Ku-ring-gai Council v Bunnings Properties Pty Ltd [2019] NSWCA 28 Texts Cited: Warringah Development Control Plan 2011 Apartment Design Guide 2015 Northern Beaches Community Participation Plan 2019 National Construction Code 2022 Category: Principal judgment Parties: Australian United Investment Pty Ltd (Applicant) Northern Beaches Council (Respondent) Representation: Counsel: R O'Gorman-Hughes (Applicant) A Stafford (Respondent)