NSW Caselaw
Land and Environment Court New South Wales
Medium Neutral Citation: ACN 603 361 940 Pty Ltd v Northern Beaches Council [2019] NSWLEC 1012 Hearing dates: 15 & 16 November 2018 Date of orders: 18 January 2019 Decision date: 18 January 2019 Jurisdiction: Class 1 Before: Chilcott C Decision: The orders of the Court are:
(1) The Applicant is granted leave to rely on the amended plans referred to in Annexure 'A' to this judgment; (2) The appeal is upheld; (3) Development Application DA DA2017/1022, as amended, for the demolition of existing structures and the construction of a boarding house with basement car parking at 130 Frenchs Forest Road, Frenchs Forest, is determined by approval, subject to the conditions at Annexure 'A'; (4) The exhibits are returned, except for Exhibits A, C and 1. Catchwords: DEVELOPMENT APPLICATION: Boarding house; whether the character of the proposed development is compatible with the local area; whether Northern Beaches Hospital Precinct Structure Plan merits weight in evaluation of a development application; whether implementation of the Northern Beaches Hospital Precinct Structure Plan is certain and imminent. Legislation Cited: Environmental Planning and Assessment Act 1979 Land and Environment Court Act 1979 Warringah Local Environment Plan 2011 State Environmental Planning Policy (Affordable Rental Housing) 2009 Cases Cited: Aldi Foods Pty Limited v Holroyd City Council [2004] NSWLEC 253 Direct Factory Outlets Homebush v Strathfield Municipal Council [2006] NSWLEC 318 Project Venture Developments v Pittwater Council [2005] NSWLEC 191 Stockland Developments Pty Ltd v Manly Council [2004] NSWLEC 472 Terrace Tower Holdings Pty Ltd v Sutherland Shire Council (2003) 129 LGERA 195 Texts Cited: Northern Beaches Hospital Precinct Structure Plan 2017 Warringah Development Control Plan 2011 Category: Principal judgment Parties: ACN 603 361 940 Pty Ltd (Applicant) Northern Beaches Council (Respondent) Representation: Counsel: S Nash (Applicant)
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