Crossley v Warringah Council [2008] NSWLEC 1427

Given the zoning and lack of valid concerns supported by the council, consent to the development is appropriate; objections did not justify refusal.

Jurisdiction: Australia
Judgment Date: 28 October 2008
Procedural Posture: Appeal Against Deemed Refusal of Development Application / Judgment After Hearing Under S34 Land and Environment Court Act 1979
Outcome: Appeal upheld; development consent granted
Legal Topics: ['development Application' 'deemed Refusal' 'conciliation' 'residential Flat Building']

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Appeal Against Deemed Refusal of Development Application / Judgment After Hearing Under S34 Land and Environment Court Act 1979

1 ['Whether objections to the proposed development justify refusal' 'Appropriateness of development consent for demolition and erection of residential flats']

Given the zoning and lack of valid concerns supported by the council, consent to the development is appropriate; objections did not justify refusal.

Appeal upheld; development consent granted

['The appeal is upheld.' 'Development consent to demolish the existing buildings and erect a three-storey residential flat building on lots A, B and C DP 330839, known as 71 Pacific Parade and 2-6 The Crescent, Dee Why is determined by the grant of consent subject to the conditions in Annexure A.' "Exhibits 1 and A...