Melwood Avenue Pty Ltd v Northern Beaches Council [2024] NSWLEC 1771

Land and Environment Court New South Wales

Medium Neutral Citation: Melwood Avenue Pty Ltd v Northern Beaches Council [2024] NSWLEC 1771 Hearing dates: 2 and 3 September 2024 Date of orders: 29 November 2024 Decision date: 29 November 2024 Jurisdiction: Class 1 Before: Byrne AC Decision: The Court orders: (1) The appeal is upheld. (2) Development Application No DA2022/2181 for demolition works, tree removal and construction of a seniors housing development at 69 Melwood Avenue, Forestville, NSW 2087, being Lot 1 in DP208183, is determined by the grant of consent subject to conditions in Annexure A. Catchwords: DEVELOPMENT APPEAL – demolition and construction seniors living – consent orders hearing –- conditions – public participation - orders Legislation Cited: Environmental Planning and Assessment Act 1979, ss 4.15, 4.16, 4.17, 8.7 Land and Environment Court Act 1979, s 17 Roads Act 1993, s 138 Environmental Planning and Assessment Regulation, s 23 State Environmental Planning Policy (Housing) 2021, ss 8, 79, 81, 85, 88, 95, 108, Sch 7a cl 8, Div 6 pt 5 Warringah Local Environmental Plan 2011, cl 4.4, 4.6 Cases Cited: HP Subsidiary Pty Ltd v City of Parramatta Council [2020] NSWLEC 135 McMillan v Taylor [2023] NSWCA 183 Texts Cited: Warringah Development Control Plan 2013 Category: Principal judgment Parties: Melwood Avenue Pty Ltd (Applicant) Northern Beaches Council (Respondent) Representation: Counsel: J Smith (Applicant) F Berglund (Respondent)