Connoisseur Investments Pty Ltd v Northern Beaches Council [2019] NSWLEC 1476

Land and Environment Court New South Wales

Medium Neutral Citation: Connoisseur Investments Pty Ltd v Northern Beaches Council [2019] NSWLEC 1476 Hearing dates: Conciliation conference on 25-26 September 2019 Date of orders: 08 October 2019 Decision date: 08 October 2019 Jurisdiction: Class 1 Before: Walsh C Decision: The Court orders: (1) Leave is granted to the Applicant to amend the development application and rely on the documents listed in condition 1a) of Annexure A. (2) The Applicant is to pay the Respondent's costs thrown away as a result of the amendment to the development application in accordance with section 8.15(3) of the Environmental Planning and Assessment Act 1979 in the amount as agreed or assessed. (3) The appeal is upheld. (4) Development application DA2018/1121 for the demolition of the existing dwelling and erection of a 2 storey boarding house containing 13 boarding rooms and 1 manager's room at 5 Fitzell Place, Brookvale is approved subject to 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 (Building Sustainability Index: BASIX) 2004 State Environmental Planning Policy No 55 – Remediation of Land Warringah Local Environmental Plan 2012 Category: Principal judgment Parties: Connoisseur Investments Pty Ltd (Applicant) Northern Beaches Council (Respondent) Representation: Counsel: M Staunton (Applicant) G Hartley (Solicitor) (Applicant) S Patterson (Solicitor) (Respondent)