Warrimac Pty Ltd v Northern Beaches Council [2024] NSWLEC 1766

Land and Environment Court New South Wales

Medium Neutral Citation: Warrimac Pty Ltd v Northern Beaches Council [2024] NSWLEC 1766 Hearing dates: Conciliation Conference 18 November 2024 Date of orders: 28 November 2024 Decision date: 28 November 2024 Jurisdiction: Class 1 Before: Targett C Decision: The Court orders that: (1) The appeal is upheld. (2) Development Application No. DA2023/0669, as amended, for demolition of the existing structures, community title subdivision, construction of 28 dwellings, delivery of associated infrastructure, including roadworks, tree removal, landscaping and dedication of a creek line corridor at 16 Macpherson Street, Warriewood NSW is determined by the grant of consent subject to the conditions contained in Annexure A. Catchwords: APPEAL – Development application - conciliation conference – agreement between the parties - orders Legislation Cited: Biodiversity Conservation Act 2016, ss 7.2, 7.3, 7.7 Environmental Planning and Assessment Act 1979, ss 4.15, 4.46, 8.7, 8.10, 8.11 Fisheries Management Act 1994, ss 201, 219 Land and Environment Court Act 1979, ss 17, 34 Water Management Act 2000, s 91 Biodiversity Conservation Regulation 2017, cl 7.3 Environmental Planning and Assessment Regulation 2021, s 38 Pittwater Local Environmental Plan 2014, cll 4.1, 4.1AA, 4.3, 4.4, 5.21, 5.22, 6.1, 7.1, 7.2, 7.6, 7.10 State Environmental Planning Policy (Biodiversity and Conservation) 2021, Ch 2 State Environmental Planning Policy (Sustainable Buildings) 2022, s 4.2 State Environmental Planning Policy (Building Sustainability Index: BASIX) 2004 State Environmental Planning Policy (Resilience and Hazards) 2021, s 4.6 Category: Principal judgment Parties: Warrimac Pty Ltd (Applicant) Northern Beaches Council (Respondent) Representation: Counsel: A Galasso SC (Applicant) S Patterson (Solicitor) (Respondent)