Peninsula Developments Australia Pty Ltd v Pittwater Council [2011] NSWLEC 1244

Land and Environment Court New South Wales

Medium Neutral Citation: Peninsula Developments Australia Pty Ltd v Pittwater Council [2011] NSWLEC 1244 Hearing dates: 18 -19 April and 9 May. 3 and 9 June 2011 (written submissions) Decision date: 19 August 2011 Jurisdiction: Class 1 Before: Tuor C Decision: 1. The appeal is dismissed. 2. The development application to demolish existing structures and construct an Infill Affordable Housing development at 9 -11 Beaconsfield Street, Newport, is refused. 3. The exhibits, except Exhibit 1, may be returned. Catchwords: APPEAL - Development application for Infill Affordable Housing. Amendment to planning instrument, non-discretionary development standards, compatibility with character of local area. Legislation Cited: Environmental Planning and Assessment Act 1979 Land and Environment Court Act State Environmental Planning Policy (Affordable Rental Housing) 2009 State Environmental Planning Policy No 65 - Design Quality of Residential Flat Development Pittwater Local Environmental Plan 1993 Cases Cited: Blackmore Design Group v North Sydney Council [2001] 118 LGERA 290 BP Refinery (Westernport) Pty Ltd v Hastings Shire Council [1977] HCA 40; (1977) 52 ALJR 20 Carr v Western Australia (2007) 232 CLR 138 Project Venture Developments v Pittwater Council (2005) NSW LEC 191 R v Young (1999) 46 NSWLR 681 Terrace Towers v Sutherland Shire Council [2003] NSWCA 289 Category: Principal judgment Parties: Peninsula Developments Australia Pty Limited (Applicant)