EDK Garfield Pty Ltd v Northern Beaches Council [2026] NSWLEC 1583
Before: Miller AC · NSW Land and Environment Court
Summary
This appeal concerns a development application DA2025/1585, as amended, for the demolition of existing structures and the construction of a six-storey residential flat building including two levels of basement car parking, two swimming pools and tree removal at 1803 and 1803A Pittwater Road, Mona Vale. The applicant lodged an appeal pursuant to s 8.7 of the Environmental Planning and Assessment Act 1979 (NSW) (EPA Act) against the deemed refusal of the subject development application on 22 Janua
Catchwords
APPEAL — residential flat building — conciliation conference — agreement reached — orders made
Outcome
The orders of the Court are: (1) The appeal is upheld. (2) Development Application DA2025/1585, as amended, for the demolition of existing structures and the construction of a six-storey residential flat building including two level of basement car parking, two swimming pools and tree removal at 1803 and 1803A Pittwater Road Mona Vale is determined by the grant of consent subject to the conditions at Annexure A. (3) The Applicant is to pay the Respondent’s costs thrown away as a result of the amendment of the application, pursuant to s 8.15(3) of the Environmental Planning and Assessment Act 1979 (NSW), in the agreed amount of $14,000 within 28 days of these orders being made.
Legislation cited
Environmental Planning and Assessment Act 1979 (NSW) ss 4.15, 4.16, 4.36, 8.7 Land and Environment Court Act 1979 (NSW), s 34 Water Management Act 2000 (NSW) Environmental Planning and Assessment Regulation 2021 (NSW), ss 23, 27, 29, 38, Sch 7 Pittwater Local Environmental Plan 2014, cll 2.3, 4.3, 4.4, 4.5A, 7.1, 7.2, 7.10 State Environmental Planning Policy (Housing) 2021, Chs 4, 6 ss 147, 163, 175, 177, 180, Sch 9, State Environmental Planning Policy (Resilience and Hazards) 2021, s 4.6 State Environmental Planning Policy (Sustainable Buildings) 2022, s 2.1, Sch 1 State Environmental Planning Policy (Transport and Infrastructure) 2021, s 2.119
Read the full judgment
Authoritative text on NSW Caselaw · ~17k words
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