Mackenzie Architects International Pty Ltd v Northern Beaches Council [2019] NSWLEC 1453

Mackenzie Architects International Pty Ltd v Northern Beaches Council [2019] NSWLEC 1453

The applicant has demonstrated compliance with the objectives of the height development standard, sufficient environmental planning grounds for variation, and consistency with zone objectives. The written request for contravention is well founded and is upheld, warranting approval of the development application subject to conditions.

Parties
Applicant: Mackenzie Architects International Pty Ltd; Respondent: Northern Beaches Council
Jurisdiction
Australia
Judgment Date
04 October 2019
Procedural Posture
Appeal Against Deemed Refusal of Development Application (class 1) / Final Decision After Conciliation Conference
Outcome
Appeal upheld; development application approved subject to conditions.
Legal Topics
Development Application, Breach of Maximum Building Height Development Standard, Consent Variation, Conciliation Conference
Planning and Environment Development Application Breach of Maximum Building Height Development Standard Consent Variation Conciliation Conference

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Parties

Mackenzie Architects International Pty Ltd

Applicant

Northern Beaches Council

Respondent

Procedural Posture

Appeal Against Deemed Refusal of Development Application (class 1) / Final Decision After Conciliation Conference

Legal Issues

  1. 1 Whether development consent should be granted for shop top housing exceeding maximum building height standard
  2. 2 Whether written request to vary height controls under cl 4.6 of Pittwater LEP is justified

Ratio Decidendi

The applicant has demonstrated compliance with the objectives of the height development standard, sufficient environmental planning grounds for variation, and consistency with zone objectives. The written request for contravention is well founded and is upheld, warranting approval of the development application subject to conditions.

Court Disposition

Appeal upheld; development application approved subject to conditions.

Orders

  • Leave granted to rely on amended plans listed in Condition 1 at Annexure 'A'.
  • Applicant to pay Respondent's thrown away costs of $5,000.00 within 28 days as a result of amending the development application.