Warriewood Vale Pty Ltd v Northern Beaches Council & Anor (No. 2) [2017] NSWLEC 1220

Land and Environment Court New South Wales

Medium Neutral Citation: Warriewood Vale Pty Ltd v Northern Beaches Council & Anor (No. 2) [2017] NSWLEC 1220 Hearing dates: 27, 28 February 2017, 1 March 2017, submissions on conditions 3 April 2017 Date of orders: 03 May 2017 Decision date: 03 May 2017 Jurisdiction: Class 1 Before: Brown C Decision: 1.The appeal is upheld. 2. Development Application N0440/15 for the construction of a residential development, comprising 81 dwellings at 8 Forest Road, Warriewood is approved subject to the conditions in Annexure A. 3. The exhibits are returned with the exception of exhibits A, B and C. 4. Pursuant to s97B of the Environmental Planning and Assessment Act 1979, the applicant is to pay the respondents costs in respect of the amended plans filed as exhibits A, B and C in the agreed amount of $5000. . Catchwords: DEVELOPMENT APPLICATION: construction of a residential development comprising 81 dwellings – apportionment of dwelling yield over two properties Legislation Cited: Environmental Planning and Assessment Act 1979 Pittwater Local Environmental Plan 2014 Cases Cited: Warriewood Vale Pty Ltd v Northern Beaches Council, [2016] NSWLEC 77 Texts Cited: Landscape Concept Masterplan (2006) Proposed Lot Detail Plan (2006), Warriewood Valley Urban Design Study (2011) Warriewood Valley Strategic Review Report 2012 Warriewood Valley Strategic Review Addendum Report 2014 Category: Principal judgment Parties: Warriewood Vale Pty Ltd (Applicant) Northern Beaches Council (Respondent) Teresa Gualtietri, Peter Gualtietri, John Peter Cigliotti and Vincenzo Sacco (Interveners) Representation: Counsel: Mr M Staunton with Ms J Reid (Applicant) Mr A Stafford (Respondent) Ms A Tibbey (Interveners)