Green Kingswood Pty Ltd v Northern Beaches Council [2025] NSWLEC 1068

Land and Environment Court New South Wales

Medium Neutral Citation: Green Kingswood Pty Ltd v Northern Beaches Council [2025] NSWLEC 1068 Hearing dates: 9-10 and 18 December 2024 Date of orders: 11 February 2025 Decision date: 11 February 2025 Jurisdiction: Class 1 Before: O'Neill C Decision: The orders of the Court are: (1) The appeal is upheld. (2) The applicant is to pay the respondent's costs thrown away as a result of the amendment of the application on 18 December 2024, as agreed or assessed, pursuant to s 8.15(3) of the Environmental Planning and Assessment Act 1979. (3) Development Application No. 2023/0976 for the demolition of existing buildings and a 54 lot community title subdivision comprised of 47 Torrens title lots, with the construction of 47 dwellings (19 detached and 28 attached dwellings), and one community title lot containing the inner road/laneways and common areas, including earthworks, stormwater, services, landscaping and creekline works, at 20-22 Macpherson Street, Warriewood, is determined by the grant of consent, subject to the conditions of consent at Annexure A. (4) The exhibits, other than Exhibits 2, A, B, C, D, E and F, are returned. Catchwords: DEVELOPMENT APPLICATION – residential subdivision – amended application – contentions satisfactorily addressed by the amended plans and documents – orders Legislation Cited: Environmental Planning and Assessment Act 1979, s 8.7 Land and Environment Court Act 1979, ss 34, 39 Environmental Planning and Assessment Regulation 2021, s 38 Pittwater Local Environmental Plan 2014, cll 2.6, 4.3, 4.4, 5.21, 6.1, 7.1, 7.6, 7.10 State Environmental Planning Policy (Resilience and Hazards) 2021, s 4.6 Texts Cited: Pittwater 21 Development Control Plan 2003 Category: Principal judgment Parties: Green Kingswood Pty Ltd (Applicant) Northern Beaches Council (Respondent) Representation: Counsel: A Galasso SC (Applicant) A Seton (Solicitor) (Respondent)