LAXDTX2 Pty Ltd as trustee for the LAXDTX2 unit Trust v Northern Beaches Council [2026] NSWLEC 1211
Before: O’Neill C · NSW Land and Environment Court
Summary
This is an appeal pursuant to the provisions of s 8.7(1) of the Environmental Planning and Assessment Act 1979 (NSW) (EPA Act) against the deemed refusal of Development Application No. 2025/0447 for the demolition of existing structures and the construction of a residential flat building comprising 11 apartments with basement, swimming pool and associated works (the proposal), at 32 Golf Avenue, Mona Vale (legally known as SP 57603) (the site), by Northern Beaches Council (the Council). The Cour
Catchwords
DEVELOPMENT APPLICATION – conciliation conference – resident objectors – agreement between the parties – orders
Outcome
The orders of the Court are: (1) The appeal is upheld. (2) Development Application No. 2025/0447 for the demolition of existing structures and the construction of a residential flat building comprising 11 apartments with basement, swimming pool and associated works, at 32 Golf Avenue, Mona Vale, legally known as SP57603, is determined by grant of consent, subject to the conditions of consent at Annexure A.
Legislation cited
Environmental Planning and Assessment Act 1979 (NSW), ss 3.28, 4.16, 8.15, 8.7 Land and Environment Court Act 1979 (NSW), s 34 Environmental Planning and Assessment Regulation 2021 (NSW), s 38 State Environmental Planning Policy (Resilience and Hazards) 2021, s 4.6 State Environmental Planning Policy (Housing) 2021, Chs 4, 6, ss 147, 163, 164, 177, 180 Pittwater Local Environment Plan 2014, cll 4.3, 4.5A, 4.6, 7.2
Read the full judgment
Authoritative text on NSW Caselaw · ~24k words
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