MP Development 10 Pty Ltd v Northern Beaches Council [2026] NSWLEC 1636
Before: Miller AC · NSW Land and Environment Court
Summary
This appeal concerns a Development Application DA2026/0098, as amended, for the consolidation of two lots into one, demolition of existing dwellings and structures, and the construction of a seniors housing development comprising independent living units with landscaping, drainage, car parking and associated works, at 140 and 142 Ocean Street, Narrabeen (Lot 13 in DP 606591 and Lot 12 Section 47 DP 111254) (the site). The applicant lodged an appeal pursuant to s 8.7 of the Environmental Planning
Catchwords
APPEAL — seniors housing — independent living units — conciliation conference — agreement reached — orders made
Outcome
The Court orders that: (1) 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 $3,100 within 28 days of these orders being made. (2) The appeal is upheld. (3) Development Application DA2026/0098, as amended, for the consolidation of 2 lots into 1, demolition of existing dwellings and structures, and the construction of a seniors housing development comprising independent living units with landscaping, drainage, car parking and associated works, at 140 and 142 Ocean Street, Narrabeen (Lot 13 in DP 606591 and Lot 12 Section 47 DP 111254) is determined by the grant of consent subject to the conditions 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 23, 27, 29, 38, Sch 7 State Environmental Planning Policy (Biodiversity and Conservation) 2021, Ch 2 State Environmental Planning Policy (Housing) 2021, Chs 3, 4, Pt 5, ss 81, 84, 85, 87, 88, 93, 95, 97, 108, 145, 147, Schs 4, 8, 9 State Environmental Planning Policy (Resilience and Hazards 2021, s 2.10, 2.11, 4.6 State Environmental Planning Policy (Sustainable Buildings) 2022, s 2.1, Sch 1 State Environmental Planning Policy (Transport and Infrastructure) 2021, s 2.48 Warringah Local Environmental Plan 2011, cll 2.3, 4.3, 4.4, 4.6, 6.1, 6.2, 6.4
Read the full judgment
Authoritative text on NSW Caselaw · ~21k words
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