Williamson v Northern Beaches Council [2019] NSWLEC 1298

Land and Environment Court New South Wales

Medium Neutral Citation: Williamson v Northern Beaches Council [2019] NSWLEC 1298 Hearing dates: Conciliation conference on 30 April 2019; 23 & 29 May 2019 Date of orders: 28 June 2019 Decision date: 28 June 2019 Jurisdiction: Class 1 Before: Bindon AC Decision: The Court orders: (1) The Applicant is given leave to amend the development application and rely upon the following plans in the proceedings referred to at condition 1 in annexure A. (2) Pursuant to section 8.15(3) of the Environmental Planning and Assessment Act 1979 ("EP&A Act"), the Applicant is to pay those costs of the Respondent that were thrown away as a result of amending the development application as agreed or assessed. (3) The Applicant's written request pursuant to clause 4.6 of the Warringah Local Environmental Plan 2011 ("WLEP") seeking to justify the breach of the maximum building height development standard pursuant to clause 4.3 of WLEP dated 10 May 2019 has been considered and I have formed the necessary opinion of satisfaction under clause 4.6(4) of WLEP. Consequently, the Applicant's written request is well founded and is upheld. (4) The appeal in respect of the property known as 727 Pittwater Road, Dee Why is upheld. (5) Development application DA2018/1293 seeking alterations and additions to an existing commercial building and use as a boarding house is approved subject to the conditions in Annexure A. Catchwords: DEVELOPMENT APPLICATION – conciliation conference – agreement between the parties – orders Legislation Cited: Environmental Planning and Assessment Act 1979 Land and Environment Court Act 1979 State Environmental Planning Policy (Affordable Rental Housing) 2009 State Environmental Planning Policy (Building Sustainability Index: BASIX) 2004 State Environmental Planning Policy (Infrastructure) 2007 State Environmental Planning Policy No 55 – Remediation of Land Warringah Local Environmental Plan 2011 Category: Principal judgment Parties: Michael Williamson (Applicant) Northern Beaches Council (Respondent) Representation: Solicitors: V Conomos, Conomos Legal (Applicant) S Patterson, Wilshire Webb Staunton Beattie Lawyers (Respondent) File Number(s): 2018/281364 Publication restriction: No