Warriewood Vale Pty Ltd v Northern Beaches Council & Anor (No. 2) [2017] NSWLEC 1220

Warriewood Vale Pty Ltd v Northern Beaches Council & Anor (No. 2) [2017] NSWLEC 1220

The appeal was upheld because the absence of amalgamation of 4 and 8 Forest Road did not warrant refusal, there was no statutory requirement for amalgamation, and the proposed 81 dwellings on 8 Forest Road was consistent with cl 6.1(1)(a) of Pittwater Local Environmental Plan 2014. The Court accepted that the combined maximum yield for Sector 501 was 94 dwellings and found that 4 Forest Road did not have the same development potential as 8 Forest Road. The Court rejected yields of 4, 18 and 28 dwellings for 4 Forest Road and considered that, even adopting a potential yield of 13 dwellings for 4 Forest Road, the combined sector yield would not exceed 94 dwellings. The proposed deferred...

Jurisdiction
Australia
Judgment Date
03 May 2017
Procedural Posture
Class 1 Appeal Concerning Development Application N0440/15 for Construction of a Residential Development Comprising 81 Dwellings at 8 Forest Road, Warriewood / Final Determination After Merits Hearing and Submissions on Conditions
Outcome
Appeal upheld; Development Application N0440/15 approved subject to conditions.
Legal Topics
['residential Development' 'warriewood Valley Release Area' 'dwelling Yield and Density' 'amalgamation of Development Sites' 'development Consent Conditions' 'costs for Amended Plans']
['planning and Environment Law' 'development Consent'] ['residential Development' 'warriewood Valley Release Area' 'dwelling Yield and Density' 'amalgamation of Development Sites' 'development Consent Conditions' 'costs for Amended Plans']

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Procedural Posture

Class 1 Appeal Concerning Development Application N0440/15 for Construction of a Residential Development Comprising 81 Dwellings at 8 Forest Road, Warriewood / Final Determination After Merits Hearing and Submissions on Conditions

Legal Issues

  1. 1 ['Whether the absence of amalgamation or consolidation of 4 and 8 Forest Road warranted refusal of the development application.' 'Whether the proposed 81 dwellings on 8 Forest Road was consistent with cl 6.1(1)(a) and cl 6.1(2) of Pittwater Local Environmental Plan 2014 having regard to the maximum combined dwelling yield for Sector 501.' 'What dwelling yield should be attributed to 4 Forest Road when considering the combined maximum yield of 94 dwellings for Sector 501.' 'Whether a deferred commencement condition should be imposed to ensure no more than 94 dwellings were approved in Sector 501.']

Ratio Decidendi

The appeal was upheld because the absence of amalgamation of 4 and 8 Forest Road did not warrant refusal, there was no statutory requirement for amalgamation, and the proposed 81 dwellings on 8 Forest Road was consistent with cl 6.1(1)(a) of Pittwater Local Environmental Plan 2014. The Court accepted that the combined maximum yield for Sector 501 was 94 dwellings and found that 4 Forest Road did not have the same development potential as 8 Forest Road. The Court rejected yields of 4, 18 and 28 dwellings for 4 Forest Road and considered that, even adopting a potential yield of 13 dwellings for 4 Forest Road, the combined sector yield would not exceed 94 dwellings. The proposed deferred...

Court Disposition

Appeal upheld; Development Application N0440/15 approved subject to conditions.

Orders

  • ['The appeal is upheld.' 'Development Application N0440/15 for the construction of a residential development, comprising 81 dwellings at 8 Forest Road, Warriewood is approved subject to the conditions in Annexure A.' 'The exhibits are returned with the exception of exhibits A, B and C.' 'By consent, and pursuant to...