Landmark Group Australia Pty Ltd v Northern Beaches Council [2024] NSWLEC 1509

Land and Environment Court New South Wales

Medium Neutral Citation: Landmark Group Australia Pty Ltd v Northern Beaches Council [2024] NSWLEC 1509 Hearing dates: Conciliation Conference on 12 June, 2, 9, July 2024 Date of orders: 23 August 2024 Decision date: 23 August 2024 Jurisdiction: Class 1 Before: Byrne AC Decision: The Court orders that: (1) The appeal is upheld. (2) Development consent No DA2022/0145 is modified in the terms set out in Annexure A. (3) Development consent No DA2022/0145, as modified by the Court, is subject to the consolidated modified conditions set out in Annexure B. Catchwords: APPEAL – MODIFICATION – demolition and construction mixed use development - conciliation conference – agreement reached – orders made Legislation Cited: Environmental Planning and Assessment Act 1979 (NSW), ss 4.15, 4.55, 8.9 Land and Environment Court Act 1979 (NSW), s 34 Environmental Planning and Assessment Regulation 2021, ss 98, 113 Warringah Local Environmental Plan 20101, cll, 4.3, 4.6 Cases Cited: North Sydney Council v Michael Standley & Associates Pty Ltd (1998) 43 NSWLR 468; [1998] NSWSC 163 Gann & Anor v Sutherland Shire Council [2008] NSWLEC 157 Category: Principal judgment Parties: Landmark Group Australia Pty Ltd (Applicants) Northern Beaches Council (Respondent) Representation: Counsel: R Bennett (Solicitor)(Applicant) S Patterson (Solicitor)(Respondent)