ACN 603 347 834 Pty Ltd v Northern Beaches Council [2019] NSWLEC 1261

Land and Environment Court New South Wales

Medium Neutral Citation: ACN 603 347 834 Pty Ltd v Northern Beaches Council [2019] NSWLEC 1261 Hearing dates: 5 June 2019 Date of orders: 13 June 2019 Decision date: 13 June 2019 Jurisdiction: Class 1 Before: Dickson C Decision: The Court orders: By consent (1) The appeal is upheld (2) Development Application No. DA2018/0149 for the demolition of the existing buildings, excavation for a basement car park and the construction of a two storey boarding house containing 32 boarding rooms (including a manager's room) at 60 Binalong Avenue, Allambie Heights, is approved subject to conditions set out in Annexure 'A'. And further that: (3) The exhibits are returned with the exception of Exhibits A, C, 1 and 4. Catchwords: DEVELOPMENT APPLICATION – demolition and construction of a new boarding house – consent orders – public objections Legislation Cited: Environmental Planning and Assessment Act 1979 Land and Environment Court Act 1979 State Environmental Planning Policy (Infrastructure) 2007 State Environmental Planning Policy 55 – Remediation of Land State Environmental Planning Policy (Affordable Rental Housing) 2009 Disability Discrimination Act 1992 State Environmental Planning Policy (Housing for Seniors or People with a Disability) 2004 Warringah Local Environmental Plan 2011 Cases Cited: Bella Ikea Ryde Pty Ltd v City of Ryde Council (No 2) (2018) NSWLEC 204 Cooper v Human Rights and Equal Opportunity Commission [1999] FCA 180 Thurkal v Parramatta City Council [2011] NSWLEC 1019 Maharaj v Parramatta City Council [2011] NSWLEC 1074 GPC No 5 (Wombarra) pty Ltd v Wollongong City Council (2003) NSWLEC 268 Project Venture Developments v Pittwater Council (2005) NSWLEC 191 Veloshin v Randwick Council [2007] NSWLEC 428 Terrace Tower Holdings Pty Ltd v Sutherland Shire Council (2003) 129 LGERA 195 Texts Cited: Practice Note Class 1 Development Appeals Northern Beaches Affordable Housing Needs Analysis 2016 Warringah Development Control Plan 2011 Category: Principal judgment Parties: ACN 603 347 834 Pty Ltd (Applicant) Northern Beaches Council (Respondent) Representation: Counsel: R O'Gorman- Hughes (Applicant)