8th Hole Developments Pty Ltd ATF The 8th Hole Developments Unit Trust v Northern Beaches Council [2025] NSWLEC 1059

8th Hole Developments Pty Ltd ATF The 8th Hole Developments Unit Trust v Northern Beaches Council [2025] NSWLEC 1059

The development consent is appropriate as the written requests for variation to the building height plane and floor space ratio standards under cl 4.6 of the Warringah Local Environmental Plan 2011 are justified, meeting all jurisdictional prerequisites and substantive requirements, and are compatible with planning objectives; the agreement between the parties addresses all relevant planning considerations and there are no legal impediments to granting consent subject to conditions.

Parties
Applicant: 8th Hole Developments Pty Ltd ATF The 8th Hole Developments Unit Trust; Respondent: Northern Beaches Council
Jurisdiction
Australia
Judgment Date
05 February 2025
Procedural Posture
Class 1 Appeal / Conciliation Conference and Final Determination by Consent
Outcome
Appeal upheld; development consent granted subject to conditions; cost order for amendment payable by applicant.
Legal Topics
Development Application, Seniors Housing, Building Standard Variation, Floor Space Ratio, Conciliation Conference
Planning and Environment Development Application Seniors Housing Building Standard Variation Floor Space Ratio Conciliation Conference

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Parties

8th Hole Developments Pty Ltd ATF The 8th Hole Developments Unit Trust

Applicant

Northern Beaches Council

Respondent

Procedural Posture

Class 1 Appeal / Conciliation Conference and Final Determination by Consent

Legal Issues

  1. 1 Whether development consent should be granted for demolition and construction of seniors housing comprising 10 independent living units under DA2024/0565
  2. 2 Whether the proposed variation to the building height plane and floor space ratio standards under State Environmental Planning Policy (Housing) 2021 should be allowed

Ratio Decidendi

The development consent is appropriate as the written requests for variation to the building height plane and floor space ratio standards under cl 4.6 of the Warringah Local Environmental Plan 2011 are justified, meeting all jurisdictional prerequisites and substantive requirements, and are compatible with planning objectives; the agreement between the parties addresses all relevant planning considerations and there are no legal impediments to granting consent subject to conditions.

Court Disposition

Appeal upheld; development consent granted subject to conditions; cost order for amendment payable by applicant.

Orders

  • The Applicant is to pay the Respondent's costs thrown away by the amendment of the Development Application, pursuant to s 8.15(3) of the Environmental Planning and Assessment Act 1979, in the amount of $5000.
  • The Applicant's written request pursuant to cl 4.6 of the Warringah Local Environmental Plan 2011, seeking a contravention of the building height plane development standard set out in s 84(2)(c)(ii) of State Environmental Planning Policy (Housing) 2021, is upheld.