8th Hole Developments Pty Ltd ATF The 8th Hole Developments Unit Trust v Northern Beaches Council [2025] NSWLEC 1059

Land and Environment Court New South Wales

Medium Neutral Citation: 8th Hole Developments Pty Ltd ATF The 8th Hole Developments Unit Trust v Northern Beaches Council [2025] NSWLEC 1059 Hearing dates: Conciliation conference on 6 December 2024 Date of orders: 5 February 2025 Decision date: 05 February 2025 Jurisdiction: Class 1 Before: Miller AC Decision: The Court orders that: (1) The Applicant is to pay the Respondent's costs thrown away by the amendment of the Development Application, pursuant to s 8.15(3) of the Environmental Planning and Assessment Act 1979, in the amount of $5000. (2) The Applicant's written request pursuant to cl 4.6 of the Warringah Local Environmental Plan 2011, seeking a contravention of the building height plane development standard set out in s 84(2)(c)(ii) of State Environmental Planning Policy (Housing) 2021, is upheld. (3) The Applicant's written request under cl 4.6 of the Warringah Local Environmental Plan 2011, seeking a contravention of the non-discretionary floor space ratio development standard set out in s 108(2)(c) of State Environmental Planning Policy (Housing) 2021, is upheld. (4) The appeal is upheld. (5) Development consent is granted to development application No DA2024/0565 for the demolition of existing structures and construction of a seniors housing development comprising 10 independent living units at 68-70 Toronto Avenue, Cromer (Lot 31 and 33 in DP 630483), subject to the conditions in the annexure marked A. Catchwords: APPEAL – seniors housing – independent living units – conciliation conference – agreement reached – orders made Legislation Cited: Environmental Planning and Assessment Act 1979, ss 3.28, 4.15, 4.16, 8.7, 8.15 Land and Environment Court Act 1979, s 34 Environmental Planning and Assessment Regulation 2021, ss 23, 29, 37, 38 Warringah Local Environmental Plan 2011, cll 1.9, 2.3, 2.7, 4.3, 4.6, 6.2, 6.4 State Environmental Planning Policy (Housing) 2021, Ch 3 Pt 5 ss 79, 81, 84, 85, 88, 93, 95, 97, 108, Ch 4 s 147, Schs 4, 9 State Environmental Planning Policy (Resilience and Hazards) 2021, s 4.6 State Environmental Planning Policy (Sustainable Buildings) 2022 Texts Cited: Department of Planning and Environment, Apartment Design Guide, 2015 Department of Planning and Environment, Seniors Housing Design Guideline, 2023 Category: Principal judgment Parties: 8th Hole Developments Pty Ltd ATF The 8th Hole Developments Unit Trust (Applicant) Northern Beaches Council (Respondent) Representation: Counsel: M Staunton (Applicant) J Simpson (Solicitor) (Respondent)