Dukor 24 Pty Limited v Northern Beaches Council [2019] NSWLEC 1485

Land and Environment Court New South Wales

Medium Neutral Citation: Dukor 24 Pty Limited v Northern Beaches Council [2019] NSWLEC 1485 Hearing dates: Conciliation conference on 3 October 2019; 16 October 2019 Date of orders: 22 October 2019 Decision date: 22 October 2019 Jurisdiction: Class 1 Before: Dickson C Decision: The Court orders: (1) Leave is granted for the Applicant to rely on the amended plans, drawings and materials as referred to in the conditions of consent at Annexure 'B' and listed and attached at Annexure 'A'. (2) The appeal is upheld. (3) Development Application No. DA2019/0409 which was lodged with the Respondent on 18 April 2019 and seeks consent for demolition of existing dwelling and the construction of self-care dwellings with associated facilities, internal roads, car parking including basement car parking, site works and landscaping at Lot 1113 Oxford Falls Road, Frenchs Forest NSW as amended with the plans, drawings and material listed and attached at Annexure 'A', is approved subject to the conditions annexed to this agreement as Annexure 'B'. (4) The Applicant is to pay the Respondent's costs thrown away pursuant to Section 8.15(3) of the Environmental Planning and Assessment Act 1979 (NSW), as agreed or assessed. Catchwords: DEVELOPMENT APPLICATION – seniors housing development – 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 2000 Warringah Local Environmental Plan 2011 Category: Principal judgment Parties: Dukor 24 Pty Limited (Applicant) Northern Beaches Council (Respondent) Representation: Counsel: N Eastman (Applicant) S Patterson (Solicitor) (Respondent)