Williamson v Northern Beaches Council [2020] NSWLEC 1110

Land and Environment Court New South Wales

Medium Neutral Citation: Williamson v Northern Beaches Council [2020] NSWLEC 1110 Hearing dates: 17-18 February 2020 Date of orders: 17 April 2020 Decision date: 17 April 2020 Jurisdiction: Class 1 Before: Horton C Decision: The Court orders that: (1) Leave is granted to the Applicant to amend the application for development consent, by relying on the information and the amended plans in Exhibits S, subject to the Applicant paying those costs of the respondent thrown away as a result of the amendment of the application, as agreed or assessed. (2) The appeal is upheld. (3) Consent is granted to Development Application No. 2018/0849 for the construction of a three-storey Boarding House, car parking for 11 cars, 5 motorcycles and 5 bicycles and ancillary works at No.10 Naree Road, Frenchs Forest (the site), subject to the conditions of consent in Annexure 'A'. (4) All exhibits are returned, except for Exhibits A, C, G, H and 12. Catchwords: DEVELOPMENT APPLICATION – boarding house development – R2 Low Density Residential zone – character of local area – visual and acoustic impact – provision of onsite car parking in accessible area Legislation Cited: Conveyancing Act 1919 Environmental Planning and Assessment Act 1979 Land and Environment Court Act 1979 Protection of the Environment Operations Act 1997 State Environmental Planning Policy (Affordable Rental Housing) 2009 State Environmental Planning Policy (Affordable Rental Housing) Amendment (Boarding House Development 2019) Warringah Local Environmental Plan 2011 Cases Cited: Freedom Developments Group v Willoughby City Council [2020] NSWLEC 1037 Texts Cited: Occupant Survey of Recent Boarding House Developments in Central and Southern Sydney, UNSW Warringah Development Control Plan 2011 Category: Principal judgment Parties: Michael Williamson (Applicant) Northern Beaches Council (Respondent) Representation: Counsel: T Hale SC (Applicant) A Gough (Solicitor) (Respondent)