Collaroy Living Pty Ltd v Northern Beaches Council [2025] NSWLEC 1113

Land and Environment Court New South Wales

Medium Neutral Citation: Collaroy Living Pty Ltd v Northern Beaches Council [2025] NSWLEC 1113 Hearing dates: Conciliation Conference 2, 18 December 2024 Date of orders: 26 February 2025 Decision date: 26 February 2025 Jurisdiction: Class 1 Before: Targett C Decision: The Court orders that: (1) The appeal is upheld. (2) Pursuant to s 4.55(8) of the Environmental Planning and Assessment Act 1979, Modification Application Mod2024/0445, as amended, for changes to the internal floor plan of a number of approved units to increase their area, provide for minor changes to landscaping, modify the roof structure to incorporate skylights and modify the garage door location, at 37-43 Hay Street, Collaroy, is approved. (3) Development Consent No DA2023/0868 is modified in the terms in Annexure A. (4) Development Consent No DA2023/0868 as modified by the Court is Annexure B. Catchwords: APPEAL – Modification Application – conciliation conference – agreement between the parties - orders Legislation Cited: Environmental Planning and Assessment Act 1979, ss 4.15, 4.55 Land and Environment Court Act 1979, ss 17, 34 Environmental Planning and Assessment Regulation 2021, s 113 State Environmental Planning Policy - Building Sustainability Index: BASIX 2004 State Environmental Planning Policy (Housing) 2021, ss 81, 84, 108 State Environmental Planning Policy (Resilience and Hazards) 2021 State Environmental Planning policy (Sustainable Buildings) 2022 s 4.2 Warringah Local Environmental Plan 2012, cll 2.7, 6.2 Category: Principal judgment Parties: Collaroy Living Pty Ltd (Applicant) Northern Beaches Council (Respondent) Representation: Counsel: M Sonter (Solicitor) (Applicant) S Patterson (Solicitor) (Respondent)