NSW Caselaw
Land and Environment Court New South Wales
Medium Neutral Citation: Freshwater Village Developments Pty Ltd v Warringah Council [2011] NSWLEC 1127 Hearing dates: 4,5,6 April 2011 Decision date: 24 May 2011 Jurisdiction: Class 1 Before: Brown C and Tuor C Decision: Appeal dismissed Catchwords: DEVELOPMENT APPLICATION - demolition of all existing improvements and the construction of mixed use retail and residential development - whether development is appropriate or consistent with the desired future character of the relevant locality, including built form controls and the relevant general principles of development control - height - number of storeys - bulk - density - amenity impacts Legislation Cited: Environmental Planning and Assessment Act 1979 State Environmental Planning Policy No. 65 Warringah Local Environmental Plan 2000 Draft Warringah Local Environmental Plan 2009 Cases Cited: Dem Gillespies v Warringah Council [2002] 124 LGERA 147 Minnici v Warringah Council [2009] NSWLEC 1098 Schaffer Corporation Ltd v Hawkesbury City Council (1992) 77 LGRA 21 Category: Principal judgment Parties: APPLICANT Freshwater Village Developments Pty Ltd
RESPONDENT Warringah Council Representation: APPLICANT Mr A Galasso SC with Mr R Notley
RESPONDENT Mr C McEwen SC with Mr A Pickles APPLICANT Herbert Geer Lawyers
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