NSW Caselaw
Land and Environment Court New South Wales
Medium Neutral Citation: Dogild Pty Ltd v Northern Beaches Council [2016] NSWLEC 1322 Hearing dates: 22, 23 June 2016 Date of orders: 09 August 2016 Decision date: 09 August 2016 Jurisdiction: Class 1 Before: Hussey AC Decision: (1) The appeal is dismissed. (2) Consent for application (Mod2015/0178) to modify Development Consent DA 2003/1381 in respect of increased building height and building alterations for the mixed use development at Lot 51 DP 789550, 9 The Strand DEE WHY 2099 is refused. (3) The exhibits may be returned except for 1, A, B, C and D. Catchwords: Modification application: increased building height of mixed use development exceeding building height development standard, urban design, streetscape and overshadowing. Legislation Cited: Environmental Planning and Assessment Act 1979
Environmental Planning and Assessment Regulation 2000
State Environmental Planning Policy (Building sustainability Index: BASIX) 2004
State Environmental Planning Policy (Infrastructure) 2007
State Environmental Planning Policy No. 55 - Remediation of Land
State Environmental Planning Policy No. 65 - Design Quality of Residential Apartment Development
Warringah Local Environment Plan 2011
Warringah DCP 2011 Cases Cited: Goldin & Anor v Minister for Transport Administering the Ports Corporation and Waterways Management Act 1995 [2002] NSWLEC 75
Haralambis Management Pty Ltd v Council of the City of Sydney [2013] NSWLEC 1176
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