McKees Project Management Pty Ltd v Warringah Council [2012] NSWLEC 1213

Land and Environment Court New South Wales

Medium Neutral Citation: McKees Project Management Pty Ltd v Warringah Council [2012] NSWLEC 1213 Hearing dates: 23, 24 and 27 March 2012 Decision date: 07 August 2012 Jurisdiction: Class 1 Before: Tuor C Decision: 1. The appeal is dismissed. 2. Development Application (DA2011/0400) for an affordable housing development comprising of eight residential flat buildings at 2-4 Riverhill Avenue and 751-757 Warringah Road, Forestville, is refused. 3. The exhibits, except Exhibits 2, 3 and F, may be returned. Catchwords: DEVELOPMENT APPLICATION: demolition of all existing structures and construction of eight residential flat buildings over a basement carpark - whether the design of the development is compatible with character of the local area Legislation Cited: Environmental Planning and Assessment Act 1979 State Environmental Planning Policy (Affordable Rental Housing) 2009 State Environmental Planning Policy (Affordable Rental Housing) Amendment 2011 Warringah Local Environmental Plan 2000 Warringah Local Environmental Plan 2011 Cases Cited: Project Venture Developments Pty Ltd v Pittwater Council [2005] NSWLEC 191 The Benevolent Society v Waverley Council [2010] NSLEC 1082 Category: Principal judgment Parties: McKees Project Management Pty Ltd (Applicant)

Warringah Council (Respondent) Representation: Counsel Mr P Clay, SC (Applicant)

Ms S Duggan, SC (Respondent) Solicitors McKees Legal Solutions (Applicant)