Twinfly Investments Pty Ltd v Northern Beaches Council [2019] NSWLEC 1452

Land and Environment Court New South Wales

Medium Neutral Citation: Twinfly Investments Pty Ltd v Northern Beaches Council [2019] NSWLEC 1452 Hearing dates: Conciliation conference on 20 September 2019 Date of orders: 24 September 2019 Decision date: 24 September 2019 Jurisdiction: Class 1 Before: Gray C Decision: Proceedings 2018/387730

The Court orders that: (1) The Applicant is given leave to amend the development application and rely upon the following plans in the proceedings referred to in operational 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 in the sum of $8,000.00 within 28 days of these orders. (3) The appeal is upheld. (4) Development application DA2018/1597 seeking demolition of existing structures and construction of a two-storey boarding house development with 18 boarding rooms, accommodation for a live-in manager and basement parking at 26 Frenchs Forest Road East, Frenchs Forest is approved subject to the conditions in Annexure A.

Proceedings 2018/387752

The Court orders that: (1) The Applicant is given leave to amend the development application and rely upon the following plans in the proceedings referred to in operational 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 in the sum of $8,000.00 within 28 days of these orders. (3) The appeal is upheld. (4) Development application DA2018/1598 seeking demolition of existing structures and construction of a two-storey boarding house development with 18 boarding rooms, accommodation for a live-in manager and basement parking at 22 Frenchs Forest Road East, Frenchs Forest is approved subject to the conditions in Annexure A. Catchwords: DEVELOPMENT APPLICATION – appeals – two separate boarding house developments – conciliation conference – agreement between the parties – orders Legislation Cited: Environmental Planning and Assessment Act 1979 Environmental Planning and Assessment Regulation 2000 Land and Environment Court Act 1979 State Environmental Planning Policy (Affordable Rental Housing) State Environmental Planning Policy No 55 – Remediation of Land Warringah Local Environmental Plan 2011 Category: Principal judgment Parties: Twinfly Investments Pty Ltd (Applicant) Northern Beaches Council (Respondent) Representation: Counsel: P Bean (Solicitor) (Applicant) A Gough (Solicitor) (Respondent)