Mackenzie Architects International Pty Ltd v Northern Beaches Council [2019] NSWLEC 1453

Land and Environment Court New South Wales

Medium Neutral Citation: Mackenzie Architects International Pty Ltd v Northern Beaches Council [2019] NSWLEC 1453 Hearing dates: Conciliation conference on 16 August 2019 Date of orders: 04 October 2019 Decision date: 04 October 2019 Jurisdiction: Class 1 Before: Walsh C Decision: The Court orders: (1) Leave is granted to the Applicant to rely upon the amended plans listed in Condition 1 at Annexure 'A'. (2) Pursuant to s 8.15(3) of the Environmental Planning and Assessment Act 1979 ("EPA 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 $5,000.00 within 28 days of these orders. (3) The Applicant's written request pursuant to cl 4.6 of the Pittwater Local Environmental Plan 2014 ("PLEP") seeking to justify the breach of the maximum building height development standard pursuant to cl 4.3 of PLEP dated 16 August 2019 has been considered and I have formed the necessary opinion of satisfaction under cl 4.6(4) of PLEP. Consequently, the Applicant's written request is well founded and is upheld. (4) The appeal is upheld. (5) Development Application DA2018/1210 for construction of a shop top housing development at 1 Gondola Road, North Narrabeen is approved subject to the conditions at Annexure "A". Catchwords: DEVELOPMENT APPLICATION – 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 Pittwater Local Environmental Plan 2014 State Environmental Planning Policy (Building Sustainability Index: BASIX) 2004 State Environmental Planning Policy No 55 – Remediation of Land State Environmental Planning Policy No 65 – Design Quality of Residential Apartment Development Cases Cited: Initial Action Pty Ltd v Woollahra Municipal Council [2018] NSWLEC 118 Category: Principal judgment Parties: Mackenzie Architects International Pty Ltd (Applicant) Northern Beaches Council (Respondent) Representation: Counsel: M Staunton (Applicant) S Patterson (Solicitor) (Respondent)