NSW Caselaw
Land and Environment Court New South Wales
Medium Neutral Citation: Jarvis Brooks Investments Pty Ltd v Northern Beaches Council [2016] NSWLEC 1426 Hearing dates: 27 July 2016 Date of orders: 20 September 2016 Decision date: 20 September 2016 Jurisdiction: Class 1 Before: Smithson C Decision: 1. The appeal is upheld. 2. The Applicant is granted leave to amend development application DA2015/0692 in accordance with the plans referred to in condition 3 of Annexure "A". 3. The Applicant is to pay the Respondent's costs pursuant to s97B of the Environmental Planning and Assessment Act 1979 in the sum of $2,000 within 14 days. 4. Development application DA2015/0692 for demolition of existing works and construction of a boarding house at 31 Forest Way, Frenchs Forest NSW is approved subject to conditions set out in Annexure "A". Catchwords: DEVELOPMENT APPLICATION: consent orders; boarding house; resident objections; local character; parking Legislation Cited: Environmental Planning and Assessment Act 1979 Land and Environment Court Act 1979 Conveyancing Act 1919 State Environmental Planning Policy (Affordable Rental Housing) 2009 Warringah Local Environmental Plan 2011 Category: Principal judgment Parties: Jarvis Brooks Investment Pty Ltd (Applicant) Northern Beaches Council (Respondent) Representation: Mr Peter Rigg (Applicant) Mr Stephen Patterson (Respondent)
Solicitors: Peter R Rigg (Applicant) Wilshire Webb Staunton Beattie Lawyers (Respondent) File Number(s): 155503 of 2016 Publication restriction: No
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