Vujicic v Northern Beaches Council [2019] NSWLEC 1349

Land and Environment Court New South Wales

Medium Neutral Citation: Vujicic v Northern Beaches Council [2019] NSWLEC 1349 Hearing dates: 11 July 2019 Date of orders: 26 July 2019 Decision date: 26 July 2019 Jurisdiction: Class 1 Before: Bish C Decision: The Court orders: (1) The appeal is upheld. (2) Development Application 2017/1191 by the Northern Beaches Council to demolish existing structures, and construct a two storey, 14 room boarding house, with 4 space car parking at Lot 1 DP 200542, also known as 139 Allambie Road, Allambie Heights is approved subject to conditions set out in Annexure A. (3) The exhibits, except for Exhibits 1, 6, A, B, E and F are returned. Catchwords: DEVELOPMENT APPLICATION – boarding house –consent orders – character – owners consent – easement – amenity Legislation Cited: Environmental Planning and Assessment Act 1979 Environmental Planning and Assessment Regulation 2000 Land and Environment Court Act 1979 State Environmental Planning Policy – Building Sustainability Index (BASIX) 2004 State Environmental Planning Policy (Affordable Rental Housing) 2009 Warringah Local Environmental Plan 2011 Cases Cited: Alamdo Holdings Pty Limited v The Hills Shire Council [2012] NSWLEC 1302 Texts Cited: The Practice Note - Class 1 Development Appeals, Land and Environment Court Warringah Development Control Plan 2011 Category: Principal judgment Parties: Bob Vujicic (Applicant) Northern Beaches Council (Respondent) Representation: Solicitors: V Conomos, Conomos Legal (Applicant) S Patterson, Wilshire Webb Staunton Beattie (Respondent) File Number(s): 2018/107470 Publication restriction: No