Trend Living Pty Ltd v Northern Beaches Council [2019] NSWLEC 1617

Land and Environment Court New South Wales

Medium Neutral Citation: Trend Living Pty Ltd v Northern Beaches Council [2019] NSWLEC 1617 Hearing dates: 25-26 November 2019 Date of orders: 11 December 2019 Decision date: 11 December 2019 Jurisdiction: Class 1 Before: Morris AC Decision: The Orders of the Court are:

(1) The appeal is dismissed.

(2) Development application No DA2019/0135 for the construction of an additional five units and nine mezzanine areas within approved units is refused consent.

(3) The exhibits, other than exhibits A and C, are returned. Catchwords: DEVELOPMENT APPLICATION: industrial units, breach of height development standard, amenity impacts Legislation Cited: Warringah Local Environmental Plan 2012; Cases Cited: Initial Action Pty Ltd v Woollahra Municipal Council [2018] NSWLEC 118 Wehbe v Pittwater Council (2007) 156 LGERA 446 Category: Principal judgment Parties: Trend Living Pty Ltd (Applicant) Northern Beaches Council (Respondent) Representation: Counsel: Dr J Smith (Applicant) Solicitors: McKees Legal Solutions (Applicant) Mr S Patterson, Wilshire Webb Staunton Beattie (Respondent) File Number(s): 2019/102387 Publication restriction: Nil

Judgment 1. Trend Living is currently constructing an industrial complex and had lodged a development application that seeks consent for an additional six industrial warehouse units with mezzanine levels, construction of mezzanine levels in nine of the approved industrial warehouse units and a reduced building identification sign above the Villiers Place entrance. 2. The council had not determined the application within the prescribed period and Trend appealed its deemed refusal. The Council continued to assess the proposal and its Planning Panel refused consent on 29 August 2019. 3. Since that date the applicant has amended the plans and the proposal is now for an additional five units and nine mezzanine areas within approved units. 4. The contentions in the case go to the height of the additional work and associated impacts on views from nearby residential properties. 5. The decrease in size of the identification sign is not opposed by the council as it says this has positive impacts to view corridors.