Asia Digital Investments Pty Ltd v Northern Beaches Council [2024] NSWLEC 1794

Land and Environment Court New South Wales

Medium Neutral Citation: Asia Digital Investments Pty Ltd v Northern Beaches Council [2024] NSWLEC 1794 Date of orders: 11 December 2024 Decision date: 11 December 2024 Jurisdiction: Class 1 Before: Thorpe AC Decision: The Court orders that: (1) The written request seeking to justify the contravention of the height of buildings development standard at cl 4.3 of Pittwater Local Environmental Plan 2014, prepared by Boston Blyth Fleming and dated 19 June 2024, is upheld. (2) The appeal is upheld. (3) Development consent is granted to Development Application No. DA2022/0469 for construction of a shop top housing development above basement carparking at 1102 Barrenjoey Road, Palm Beach, subject to the conditions of consent in Annexure A. (4) All exhibits are retained except Ex B, Ex 1, 2, 3, 4 and 5. Catchwords: DEVELOPMENT APPEAL – shop top housing – heritage impacts – geotechnical risks Legislation Cited: Environmental Planning and Assessment Act 1979, ss 4.15, 8.7, 8.15 Water Management Act 2000, s 90 Pittwater Local Environmental Plan 2014, cll 4.3, 4.5A, 4.6, 5.10, 5.21, 7.1, 7.2, 7.6, 7.7, 7.10, State Environmental Planning Policy (Transport & Infrastructure) 2021 State Environmental Planning Policy (Resilience and Hazards) 2021 State Environmental Planning Policy (Housing) 2021 State Environmental Planning Policy (Building Sustainability Index: BASIX) 2004 Environmental Planning and Assessment Regulation 2021 Cases Cited: Merman Investments Pty Ltd v Woollahra Municipal Council [2021] NSWLEC 1582 Forest Apartments Pty Ltd v Northern Beaches Council [2023] NSWLEC 1042 Tenacity Consulting v Warringah [2004] NSWLEC 140 GFM Investment Group Pty Ltd in its capacity as Trustee for GFM Home Trust Subtrust No. 7 v Inner West Council [2023] NSWLEC 1112 New Century Developments Pty Ltd v Baulkham Hills Shire Council (2003) 127 LGERA 303; [2003] NSWLEC 154 Texts Cited: Pittwater 21 Development Control Plan Category: Principal judgment Parties: Asia Digital Investments Pty Ltd ACN 639740088 (Applicant) Northern Beaches Council (Respondent) Representation: Counsel: J McKelvey (Applicant) C Gough (Solicitor) (Respondent)