Archisoul Architects Pty Ltd v Pittwater Council

Land and Environment Court New South Wales Case Title: Archisoul Architects Pty Ltd v Pittwater Council Medium Neutral Citation: [2014] NSWLEC 1256 Hearing Date(s): 27 November and 8 December, 2014 Decision Date: 10 December 2014 Jurisdiction: Class 1 Before: O'Neill C Decision: 1.By consent, the appeal is upheld.2.Development Application No. N0088/13 for the demolition of an existing structures and the erection of a three storey shop top housing development at 373 Barrenjoey Road, Newport is approved, subject to the conditions of consent at Annexure A.3.Pursuant to s 97B of the Environmental Planning and Assessment Act 1979 (NSW) the Applicant shall pay the Respondent's costs thrown away (as agreed or assessed) associated with the assessment of amended plans dated 28 August 2014 and 17 November 2014.4.The exhibits, other than exhibits 4 and B, are returned. Catchwords: DEVELOPMENT APPLICATION: consent orders; resident objectors. Legislation Cited: Environmental Planning and Assessment Act 1979 Land and Environment Court Act 1979 Category: Principal judgment Parties: Archisoul Architects Pty Ltd (Applicant) Pittwater Council (Respondent) Representation - Counsel: Mr Paul Vergotis Solicitor (Applicant) Ms Marion Carpenter Barrister (Respondent) - Solicitors: TressCox Lawyers (Applicant) King & Wood Mallesons (Respondent) File Number(s): 10327 of 2014 JUDGMENTCOMMISSIONER: This appeal, pursuant to the provisions of s 97 of the Environmental Planning and Assessment Act 1979, comes before the Court for consent orders in relation to Development Application No. N0088/13 for demolition of an existing structures and the erection of a three storey shop top housing development comprising one shop and six apartments...