Armada Avalon Pty Ltd (No 4) v Northern Beaches Council [2024] NSWLEC 1535

Land and Environment Court New South Wales

Medium Neutral Citation: Armada Avalon Pty Ltd (No 4) v Northern Beaches Council [2024] NSWLEC 1535 Hearing dates: Conciliation conference on 5 July Date of orders: 03 September 2024 Decision date: 03 September 2024 Jurisdiction: Class 1 Before: Harding AC Decision: The Court orders: (1) The Appeal is upheld. (2) The Modification Application seeking to modify Development Consent No. DA2019/1260 is approved and the Development Consent is modified as set out in Annexure A. (3) The Modification Application to Development Consent No. DA2019/1260, as approved by the Court, is subject to the consolidated conditions of Development Consent set out in Annexure B. Catchwords: MODIFICATION APPLICATION – application to modify Court Development Consent – Seniors Housing – amended plans – conciliation conference – agreement between the parties – orders. Legislation Cited: Environmental Planning and Assessment Act 1979, s 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 for Seniors or People with a Disability) 2004, Chs 1, 2, 3, cll 31, 32, 40, 41, Pt 3, Div 2, Sch 3 State Environmental Planning Policy (Industry and Employment) 2021, Ch 3, Sch 5 Cases Cited: Armada Avalon Pty Ltd v Northern Beaches Council [2021] NSWLEC 1490 Armada Avalon Pty Ltd v Northern Beaches Council [2022] NSWLEC 1573 Armada Avalon Pty Ltd v Northern Beaches Council (3) [2024] NSWLEC 1387 Texts Cited: Department of Infrastructure, Planning and Natural Resources, Seniors Living Policy: Urban Design Guideline for Infill Development, March 2004 Category: Principal judgment Parties: Armada Avalon Pty Ltd (Applicant) Northern Beaches Council (Respondent) Representation: Counsel: J Nouseir (Solicitor)(Applicant) M Domingo (Solicitor) (Respondent)