Prostruct Contractors Pty Ltd v Northern Beaches Council [2025] NSWLEC 1109

Land and Environment Court New South Wales

Medium Neutral Citation: Prostruct Contractors Pty Ltd v Northern Beaches Council [2025] NSWLEC 1109 Hearing dates: Conciliation conference on 23 August, 13 September and 12 December 2024 Date of orders: 25 February 2025 Decision date: 25 February 2025 Jurisdiction: Class 1 Before: Pullinger AC Decision: The Court orders that: (1) Leave is granted to the Applicant to amend Modification Application MOD2024/0048 and rely on the amended plans and documents listed at Condition B of Annexure A. (2) Development Consent DA2018/1166 is modified subject to the conditions of consent set out at Annexure A. (3) Development Consent DA2018/1166 (as modified) is subject to the consolidated conditions of consent set out at Annexure B. Catchwords: MODIFICATION APPLICATION – multi dwelling boarding house development – agreement between the parties – orders Legislation Cited: Environmental Planning and Assessment Act 1979, ss 4.15, 4.55 Land and Environment Court Act 1979, s 34 Environmental Planning and Assessment Regulation 2021, ss 98, 100, 113 State Environmental Planning Policy (Resilience and Hazards) 2021, s 4.6 Warringah Local Environmental Plan 2011, cll 2.3, 4.3, 4.4, 5.10, 6.1, 6.2 Cases Cited: Leech Harmon Architects v Northern Beaches Council [2020] NSWLEC 1032 Category: Principal judgment Parties: Prostruct Contractors Pty Ltd (Applicant) Northern Beaches Council (Respondent) Representation: Counsel: G Hartley (Solicitor) (Applicant) J Ede (Solicitor) (Respondent)