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


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


  • 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.


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