Sunland Developments (No 28) Pty Ltd v Northern Beaches Council (formerly Pittwater Council) [2016] NSWLEC 1460

Land and Environment Court New South Wales

Medium Neutral Citation: Sunland Developments (No 28) Pty Ltd v Northern Beaches Council (formerly Pittwater Council) [2016] NSWLEC 1460 Hearing dates: 23-25 May, 2016 Date of orders: 28 September 2016 Decision date: 28 September 2016 Jurisdiction: Class 1 Before: O'Neill C Decision: 1. The appeal is upheld. 2. Development Application No. 177/15, for a Community Title subdivision to create 79 residential allotments, associated civil engineering works, road construction, drainage works and the construction of 20 two-storey semi-detached dwellings and 59 two-storey attached dwellings on the resultant lots, at 18 Macpherson Street, Warriewood, is approved, subject to the conditions of consent at Annexure 'A'. 3. The exhibits, other than exhibits 1, A and V, are returned. Catchwords: DEVELOPMENT APPLICATION: Community Title subdivision to create 83 residential allotments and semi-detached dwellings; whether the internal road design is acceptable; whether creekline corridor design is acceptable; whether the water management plan and flood planning are acceptable; staging of the proposal. Legislation Cited: Environmental Planning and Assessment Act 1979 Land and Environment Court Act 1979 Cases Cited: Lotus Project Management Pty Ltd v Pittwater Council [2015] NSWLEC 166 Stockland Development Pty Ltd v Manly Council (2004) 136 LGERA 254 Category: Principal judgment Parties: Sunland Developments (No 28) Pty Ltd (Applicant) Northern Beaches Council (Respondent) Representation: Counsel: Mr A. Galasso SC (Applicant) Ms M. Carpenter barrister (Respondent)