Whittaker v Northern Beaches Council [2019] NSWLEC 1038

Land and Environment Court New South Wales

Medium Neutral Citation: Whittaker v Northern Beaches Council [2019] NSWLEC 1038 Hearing dates: 16 January 2019 Date of orders: 06 February 2019 Decision date: 06 February 2019 Jurisdiction: Class 1 Before: Smithson C Decision: (1) The applicant is granted leave to rely on amended plans. (2) The applicant is to pay the respondent's costs that are thrown away as a result of amending the development application as agreed or assessed pursuant to section 8.15(3) of the Environmental Planning and Assessment Act 1979. (3) The appeal is allowed. (4) Development Application N0512/17 for seniors living at 69-71 Central Road, Avalon Beach is approved subject to the conditions set out in Annexure "A". (5) The exhibits are returned except for Exhibits A, B and 1. Catchwords: DEVELOPMENT APPLICATION: Seniors living – permissibility of use determined by the Court as a preliminary issue – building height – streetscape compatibility – tree removal – neighbourhood amenity and impacts – privacy for future residents – safe pedestrian access to bus stop for future residents – resolution of contentions by amended plans and new footpath – neighbour objections Legislation Cited: Biodiversity Conservation Act 2016 Environmental Planning and Assessment Act 1979 Environment Protection and Biodiversity Conservation Act 1999 Land and Environment Court Act 1979 Pittwater Local Environmental Plan 2014 State Environmental Planning Policy (Housing for Seniors and People with a Disability) 2004 Cases Cited: Ipoh Pty Limited v Sydney City Council [2006] NSWLEC 102 Whittaker v Northern Beaches Council (No. 3) [2018] NSWLEC 143 Texts Cited: Pittwater 21 Development Control Plan Category: Principal judgment Parties: Russell Whittaker (Applicant) Northern Beaches Council (Respondent) Representation: Counsel: M Staunton (Applicant) S Nash (Respondent)