Planet Warriewood Pty Ltd v Warringah Council [2013] NSWLEC 1062

Land and Environment Court New South Wales

Medium Neutral Citation: Planet Warriewood Pty Ltd v Warringah Council [2013] NSWLEC 1062 Hearing dates: 5 April 2013 Decision date: 12 April 2013 Jurisdiction: Class 1 Before: Hussey C Decision: Consent orders: (1) The appeal is upheld. (2) Development consent is granted to development application No. DA 2011/1571 for the demolition of a dwelling house and various outbuildings, the removal of certain trees and the redirection of a water course and the construction of a mix of uses including a bulky goods shop, a restaurant and two outdoor cinemas with associated car parking, internal driveways and landscape works on land known as 42 - 44 Myoora Road, Terrey Hills subject to the conditions in Annexure "A". (3) Exhibits 2, 4, G, H and W to be retained. Catchwords: Development application: Mixed use development comprising bulky goods shop, restaurant, outdoor cinema - consistency with Desired Future Character, overdevelopment, landscaped area, impact on watercourse, weight to be given to LEP Legislation Cited: Environmental Planning & Assessment Act 1979 Water Management Act 2000 Roads Act 1993 SEPP No 55 - Remediation of Land SEPP (Infrastructure) 2007 Warringah LEP 2000 Warringah LEP 2011 Cases Cited: Alambo Holdings Pty Limited v The Hills Shire Council [2012] NSWLEC 1302 Terrace Tower Holdings Pty Ltd v Sutherland Shire Council (2003) NSWCA 289 Category: Principal judgment Parties: Planet Warriewood Pty Ltd (Applicant) Warringah Council (Respondent) Representation: Counsel Mr A Galasso SC (Applicant) Solicitors Norton Rose Australia (Applicant) Mr S Patterson, Wilshire Webb Staunton Beattie (Respondent) File Number(s): 11065 of 2012