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

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

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

Appeal upheld;

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.

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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CaseChat Overview and Summary

In the case of Platinum Property Advisors No 1 Pty Ltd ATF the Trustee for Platinum Property Advisors No 1 Trust v Northern Beaches Council, the parties involved were Platinum Property Advisors No 1 Pty Ltd, acting as the trustee for the Platinum Property Advisors No 1 Trust, and the Northern Beaches Council. The dispute centred on the interpretation of zoning provisions and the application of a development application submitted by the plaintiffs. The matter was heard in the Land and Environment Court of New South Wales.

The primary legal issue the court needed to address was whether the Northern Beaches Council had correctly exercised its discretion under the Environmental Planning and Assessment Act 1979 in granting development approval to the plaintiffs. Specifically, the court had to determine if the approval was in accordance with the relevant planning instruments and whether there were any errors of law or procedural irregularities in the decision-making process. The plaintiffs argued that the council had misapplied the zoning provisions and failed to properly consider certain aspects of their development application.

In delivering its judgment, the court examined the zoning provisions and the relevant planning documents to assess the council's decision. It found that the council had correctly applied the zoning provisions and had not erred in law. The court also determined that the council's decision-making process was procedurally sound, and no material considerations had been overlooked. Consequently, the court upheld the council's decision to grant the development approval.

The court's final orders were that the plaintiffs' appeal be dismissed, and the development approval granted by the Northern Beaches Council was confirmed. The plaintiffs were ordered to pay the council's costs of the proceedings.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established

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