Forest Apartments Pty Ltd v Northern Beaches Council [2023] NSWLEC 1042

Forest Apartments Pty Ltd v Northern Beaches Council [2023] NSWLEC 1042

The written request provided by the applicant did not adequately address the requirement to demonstrate that there are sufficient environmental planning grounds to justify the contravention of the height of building development standard. Due to this failure, the permissive powers under cl 4.6(2) of the PLEP were not available, and the Court had no jurisdiction to grant consent for the proposed development.

Parties
Applicant: Forest Apartments Pty Ltd; Respondent: Northern Beaches Council
Jurisdiction
Australia
Judgment Date
03 February 2023
Procedural Posture
Appeal Under Environmental Planning and Assessment Act 1979 S 8.7 / Final Determination
Outcome
Appeal dismissed; development application refused
Legal Topics
Development Consent, Development Standards, Height of Buildings, Environmental Planning Grounds, Local Environmental Plan Contravention
Planning and Environment Law Development Consent Development Standards Height of Buildings Environmental Planning Grounds Local Environmental Plan Contravention

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Parties

Forest Apartments Pty Ltd

Applicant

Northern Beaches Council

Respondent

Procedural Posture

Appeal Under Environmental Planning and Assessment Act 1979 S 8.7 / Final Determination

Legal Issues

  1. 1 Whether written request demonstrates sufficient environmental planning grounds to justify contravention of height of building development standard under cl 4.3 of PLEP
  2. 2 Consistency of proposal with objectives of zone and development standard
  3. 3 Impact of proposed development on streetscape, character, and landscape

Ratio Decidendi

The written request provided by the applicant did not adequately address the requirement to demonstrate that there are sufficient environmental planning grounds to justify the contravention of the height of building development standard. Due to this failure, the permissive powers under cl 4.6(2) of the PLEP were not available, and the Court had no jurisdiction to grant consent for the proposed development.

Court Disposition

Appeal dismissed; development application refused

Orders

  • The appeal is dismissed.
  • Development application DA2021/2362 is determined by refusal of consent.