Sunland Developments (No 28) Pty Ltd v Northern Beaches Council (formerly Pittwater Council) [2016] NSWLEC 1460

Sunland Developments (No 28) Pty Ltd v Northern Beaches Council (formerly Pittwater Council) [2016] NSWLEC 1460

The amended proposal complies with the relevant planning and development controls for dwelling density, road network, riparian buffer, landscape provision, and water management including climate change requirements. Conditions of consent address Council's contentions on creek corridor, roads, landscape, and water management. The appeal is upheld and development consent granted subject to conditions.

Parties
Applicant: Sunland Developments (No 28) Pty Ltd; Respondent: Northern Beaches Council (formerly Pittwater Council)
Jurisdiction
Australia
Judgment Date
28 September 2016
Procedural Posture
Appeal / Final Judgment
Outcome
Appeal upheld; development consent granted
Legal Topics
Development Application, Community Title Subdivision, Residential Development, Road Design, Creekline Corridor, Water Management, Flood Planning, Staging
Planning and Environment Development Application Community Title Subdivision Residential Development Road Design Creekline Corridor Water Management Flood Planning +1 more

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Parties

Sunland Developments (No 28) Pty Ltd

Applicant

Northern Beaches Council (formerly Pittwater Council)

Respondent

Procedural Posture

Appeal / Final Judgment

Legal Issues

  1. 1 Whether the internal road design is acceptable
  2. 2 Whether creekline corridor design is acceptable
  3. 3 Whether the water management plan and flood planning are acceptable

Ratio Decidendi

The amended proposal complies with the relevant planning and development controls for dwelling density, road network, riparian buffer, landscape provision, and water management including climate change requirements. Conditions of consent address Council's contentions on creek corridor, roads, landscape, and water management. The appeal is upheld and development consent granted subject to conditions.

Court Disposition

Appeal upheld; development consent granted

Orders

  • The appeal is upheld.
  • Development Application No. 177/15 for a Community Title subdivision to create 79 residential allotments, associated civil engineering works, road construction, drainage works and the construction of 20 two-storey semi-detached dwellings and 59 two-storey attached dwellings at 18 Macpherson Street, Warriewood is...