Lawrence St Pty Ltd atf Lawrence St UT v Northern Beaches Council [2026] NSWLEC 1418
Before: Pullinger AC · NSW Land and Environment Court
Summary
This is an appeal pursuant to s 8.7 of the Environmental Planning and Assessment Act 1979 (NSW) (EPA Act), brought by Lawrence St Pty Ltd atf Lawrence St UT (the Applicant), against the deemed refusal of Development Application DA/2025/0077 (the DA) by Northern Beaches Council (the Respondent). At the date of its lodgment on 22 January 2025, the DA sought consent for the demolition of existing structures and construction of a part five-storey shop top housing development comprising thirty apartm
Catchwords
DEVELOPMENT APPLICATION – shop top housing development – in-fill affordable housing – cl 4.6 written request – height of buildings – agreement between the parties – orders
Outcome
The Court orders that: (1) Leave is granted to the Applicant to amend Development Application DA/2025/0077 and rely upon the amended plans and documents referred to in Condition 1 at Annexure A. (2) Pursuant to s 8.15(3) of the Environmental Planning and Assessment Act 1979 (NSW), the Applicant is to pay the Respondent’s costs thrown away as a result of amending the Development Application in the agreed sum of $7,500. (3) The appeal is upheld. (4) Consent is granted to Development Application DA/2025/0077 (as amended) for the construction of a four-storey shop top housing development comprising 30 residential apartments, ground floor retail tenancies, and two levels of basement, associated site preparation works and demolition, public domain landscaping, lot consolidation and strata subdivision, vehicular access via Dowling Street, and pedestrian access via Lawrence St, at 10-28 Lawrence Street, Freshwater, subject to the conditions of consent at Annexure A.
Legislation cited
Environmental Planning and Assessment Act 1979 (NSW), ss 4.15, 4.16, 8.7, 8.15 Land and Environment Court Act 1979 (NSW), s 34 Environmental Planning and Assessment Regulation 2021 (NSW), ss 26, 27, 29, 37, 38 State Environmental Planning Policy (Housing) 2021, Chs 2, 4, Pt 2, Div 1, ss 3, 15C, 16, 18, 19, 20, 21, 147, Sch 9 State Environmental Planning Policy (Industry and Employment) 2021, Ch 3, s 3.6, Sch 5 State Environmental Planning Policy (Resilience and Hazards) 2021, Chs 2, 4, ss 2.10, 4.6 State Environmental Planning Policy (Sustainable Buildings) 2022, s 2.1 Warringah Local Environmental Plan 2011, cll 2.1, 2.3, 4.3, 4.6, 5.10, 5.21, 6.1
Read the full judgment
Authoritative text on NSW Caselaw · ~23k words
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