Platinum Property Advisors No 1 Pty Ltd ATF the Trustee for Platinum Property Advisors No 1 Trust v Northern Beaches Council (No. 2)

Case •

[2021] NSWLEC 1676

•

08 November 2021

No judgment structure available for this case.

Land and Environment Court


New South Wales

Medium Neutral Citation: Platinum Property Advisors No 1 Pty Ltd ATF The Trustee for Platinum Property Advisors No 1 Trust v Northern Beaches Council (No. 2) [2021] NSWLEC 1676
Hearing dates: 7 October 2021
Date of orders: 8 November 2021
Decision date: 08 November 2021
Jurisdiction:Class 1
Before: Clay AC
Decision:

See [2]

Catchwords:

DEVELOPMENT APPLICATION – shop top housing – character of the neighbourhood – appropriate urban form – design quality – breach of height control – bulk and scale – loss of trees – traffic impacts – adequacy of parking – pedestrian access and safety – experts agreement as to issues – matters raised by objectors – public interest

Cases Cited:

Platinum Property Advisors No 1 Pty Ltd ATF The Trustee for Platinum Property Advisors No 1 Trust v Northern Beaches Council [2021] NSWLEC 1675

Category:Principal judgment
Parties: Platinum Property Advisors No 1 Pty Ltd ATF The Trustee for Platinum Property Advisors No 1 Trust (Applicant)
Northern Beaches Council (Respondent)
Representation:

Counsel:
A Galasso SC (Applicant)
S Patterson (Solicitor) (Respondent)

Solicitors:
Mills Oakley (Applicant)
Wilshire Webb Staunton Beattie (Respondent)
File Number(s): 2020/283826
Publication restriction: Nil

Judgment

  1. On 8 October 2021 I delivered an ex tempore judgment (Platinum Property Advisors No 1 Pty Ltd ATF The Trustee for Platinum Property Advisors No 1 Trust v Northern Beaches Council [2021] NSWLEC 1675) giving reasons why I proposed to grant development consent subject to conditions. The parties were required to file conditions consequent upon the reasons given.

  2. The agreed conditions reflective of the reasons having now been filed I make the following orders:

  1. Appeal upheld;

  2. Development consent is granted to development application number DA2020/0393 for demolition of existing structures, construction of a mixed use development comprising retail uses and shop top housing containing 49 dwellings, basement car park for 238 vehicles, landscaping and a public square at lot 1 in Deposited Plan 1199795 known as 28 Lockwood Avenue, Belrose subject to the conditions in Annexure A.

  3. The exhibits other than exhibits A, B, C, D and 1 be returned.

…………………………

P Clay

Acting Commissioner of the Court

Annexure A (442793, pdf)

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Decision last updated: 08 November 2021

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