Case: Narrabeen Lakes 88 Pty Ltd v Warringah Council

Development Proposed: 2 storeys seniors living development comprising 8 units and basement car parking

Property Address: 230-234 Ocean Street, North Narrabeen, NSW 2101

Outcome: Development consent issued by Council

Issues

  • Flood risk;
  • Driveway access;
  • Height of building; and
  • Gross floor area/floor space ratio.

Facts

  • The site previously contained residential dwellings and associated buildings located on Narrabeen Lagoon;
  • The Development Application proposed 8 units and basement car parking under the State and Environmental Planning Policy (Housing for seniors and people with disability) 2004;
  • The design had the basement protruding at the ground level at the rear of the development;
  • The property contains two heritage items: A group of Washington Palms and a stone wall; and
  • The height and gross floor area exceedances were justified in a Statement Environmental Planning Policy objection.

What Happened?

  • The Development Application was lodged on the 26 January 2015;
  • Council responded to the application, outlining areas where the development did not meet the criteria regarding flood water management, pram ramp grades and other traffic issues;
  • A Class 1 Application was lodged with the Land and Environment Court on the 2 September 2015;
  • No Statement of Facts and Contentions were released by Council and a re-solution was negotiated by making amendments to the application; and
  • The Notice of Determination approving the proposed development was issued by Council on 27 October 2015.

Our Contribution

  • McKees advised the client on the significance of the heritage items and were able to demonstrate that no part of the development would adversely affect these items;
  • We coordinated the expert reports and amended plans required to resolve the issues; and
  • We liaised with Council in order to obtain development consent and avoid the need to proceed through the Court appeal.

Outcome Achieved

  • A development consent was obtained for a property on a waterfront containing heritage items.

Services

McKees Legal Solutions offers services that resolve Environmental and Planning Law issues in NSW. Through these services we help clients to see the value in exploring opportunities dealing with issues in a swift, purposeful and realistic manner while striving to achieve our client’s goals. Click here to find out more.