Leech Harmon Architects v Northern Beaches Council [2020] NSWLEC 1032

Land and Environment Court New South Wales

Medium Neutral Citation: Leech Harmon Architects v Northern Beaches Council [2020] NSWLEC 1032 Hearing dates: 18 December 2019 Date of orders: 22 January 2020 Decision date: 22 January 2020 Jurisdiction: Class 1 Before: O'Neill C Decision: The Court orders: (1) The applicant is granted leave to amend the application to rely on the architectural plans listed in condition 2(a) of the conditions of consent at Annexure A. (2) The applicant is to pay the respondent's costs thrown away as a result of the amendments made to the development application, pursuant to s 8.15(3) of the Environmental Planning and Assessment Act 1979, as agreed or assessed. (3) The appeal is upheld. (4) Development Application No. 2018/1166 for the demolition of all existing structures on the site and the construction of five 2-storey buildings over a split level basement carpark, containing 80 boarding rooms including 5 managers' rooms, with associated access, communal areas and landscaping works, is approved, subject to the conditions of consent at Annexure A. (5) The exhibits, other than Exhibits 1, A, C and E, are returned. Catchwords: DEVELOPMENT APPLICATION – boarding house – whether design of the development is compatible with the character of the local area Legislation Cited: Environmental and Planning Assessment Act 1979 Land and Environment Court Act 1979 State Environmental Planning Policy (Affordable Rental Housing) 2009 Warringah Local Environmental Plan 2011 Cases Cited: Project Venture Developments v Pittwater Council (2005) 141 LGERA 80; [2005] NSWLEC 191 Texts Cited: Warringah Development Control Plan 2011 Category: Principal judgment Parties: Leech Harmon Architects (Applicant) Northern Beaches Council (Respondent) Representation: Counsel: M Staunton (Applicant) F Berglund (Respondent)