Palmdev Pty Ltd v Northern Beaches Council [2025] NSWLEC 1128

Land and Environment Court New South Wales

Medium Neutral Citation: Palmdev Pty Ltd v Northern Beaches Council [2025] NSWLEC 1128 Hearing dates: Conciliation conference on 19 February 2025 Date of orders: 06 March 2025 Decision date: 06 March 2025 Jurisdiction: Class 1 Before: Horton C Decision: The Court orders that: (1) The request pursuant to clause 4.6 of the Pittwater Local Environmental Plan 2014 to vary the development standard for height of building control contained within clause 4.3 thereof, as prepared by Boston Blyth Fleming dated 2 October 2024, is upheld. (2) The appeal is upheld. (3) Development consent is granted to development application DA2023/1289 for the demolition of existing structures, construction of a shop top housing development comprising five residential apartments over two ground floor retail tenancies including one level of basement parking, associated landscaping and site preparation works and re-location of the existing bus stop and shelter on Barrenjoey Road, at 1112-1116 Barrenjoey Road, Palm Beach, subject to the conditions of consent annexed and marked "Annexure A". Catchwords: DEVELOPMENT APPLICATION – Shop top housing development in E1 Local Centre zone – height standard is exceeded – conciliation conference – agreement between parties – orders Legislation Cited: Environmental Planning and Assessment Act 1979, ss 1.3, 4.16, 4.46, 4.47, 8.7 Land and Environment Court Act 1979, s 34 National Parks and Wildlife Act 1974, s 90 Roads Act 1993, s 138 Water Management Act 2000 Environmental Planning and Assessment Regulation 2021, ss 29, 38 Pittwater Local Environmental Plan 2014, cll 4.3, 4.5A, 4.6, 5.10, 5.21, 6.1, 7.2, 7.7, 7.10, Sch 5 State Environmental Planning Policy (Biodiversity and Conservation) 2021, Ch 2, s 2.6 State Environmental Planning Policy (Housing) 2021, ss 147, 148, Sch 9 State Environmental Planning Policy (Resilience and Hazards) 2021, Ch 2, ss 2.10, 2.12, 4.6 State Environmental Planning Policy (Sustainable Buildings) 2022, s 2.1 State Environmental Planning Policy (Transport and Infrastructure) 2021, ss 2.119, 2.120, 2.48 Cases Cited: Merman Investments Pty Ltd v Woollahra Municipal Council [2021] NSWLEC 1582 SJD DB2 Pty Ltd v Woollahra Municipal Council [2020] NSWLEC 1112 Texts Cited: NSW Department of Planning and Environment, Apartment Design Guide (July 2015) Pittwater Development Control Plan 2021 Category: Principal judgment Parties: Palmdev Pty Ltd (Applicant) Northern Beaches Council (Respondent) Representation: Counsel: A Galasso SC (Applicant) C Gough (Solicitor) (Respondent)