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[2026] NSWLEC 1043
General information, not legal advice.
Land and Environment Court (NSW)
2026-02-06
Kullen AC
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Medium Neutral Citation: Mona Vale Central Pty Ltd v Northern Beaches Council [2026] NSWLEC 1043
Hearing dates: Conciliation conference held on 7 October 2025
Date of orders: 06 February 2026
Decision date: 06 February 2026
Jurisdiction: Class 1
Before: Kullen AC
Decision: The Court orders that:
(1) Pursuant to s 8.15(3) of the Environmental Planning and Assessment Act 1979 (NSW), the Applicant is to pay the costs of the Respondent that have been thrown away as a result of the amendment of the development application, in the amount of $17,000 within 28 days of the date of these orders.
(2) The appeal is upheld.
(3) Development consent is granted to development application No DA2025/0573 as amended, for the demolition of existing structures, tree removal and the construction of a four storey residential flat development containing a total of 27 apartments, basement parking and associated elements on land at 94-96 Park Street and 4 Kunari Place, Mona Vale, NSW, 2103, legally known as Lot 13 DP226681, Lot 2 DP222636 and Lot 42 DP11108, subject to the conditions of consent in Annexure A.
Catchwords: DEVELOPMENT APPEAL – conciliation conference – agreement between the parties – residential flat development – affordable housing – orders
Legislation Cited: Conveyancing Act 1919 (NSW) s 88B
Environmental Planning and Assessment Act 1979 (NSW), ss 1.4, 4.15, 4.16, 4.17, 8.7, 8.11, 8.15, Sch 1, Div 1, cl 7
Land and Environment Court Act 1979 (NSW), s 34
Environmental Planning and Assessment Regulation 2021 (NSW), ss 27, 29, 38
Pittwater Local Environmental Plan 2014, cll 2.1, 2.7, 4.3, 7.1, 7.2, 7.10
State Environmental Planning Policy (Housing), Ch 2, 4, 6, s 8, 12A, 13, 15C, 16, 21, 144, 145, 147, 163, 164, 174, 179, Sch 9
State Environmental Planning Policy (Resilience and Hazards) 2021, s 4.6
State Environmental Planning Policy (Sustainable Buildings) 2022
State Environmental Planning Policy (Transport and Infrastructure) 2021, s 2.48
Texts Cited: NSW Department of Planning and Environment, Apartment Design Guide (July 2015)
Pittwater 21 Development Control Plan 2011
Category: Principal judgment
Parties: Mona Vale Central Pty Ltd (Applicant)
Northern Beaches Council (Respondent)
Representation: Counsel:
P Murray (Solicitor) (Applicant)
A Seton (Solicitor) (Respondent)
Solicitors:
Addisons Lawyers (Applicant)
Marsdens Law Group (Respondent)
File Number(s): 2025/255241
Publication restriction: Nil
COMMISSIONER: This is an appeal pursuant to ss 8.7 and 8.11 of the Environmental Planning and Assessment Act 1979 (NSW) (EPA Act) against the deemed refusal by Northern Beaches Council of development application DA2025/0573 (the DA) for the demolition of existing structures and the construction of a 4-storey residential flat building at 4 Kunari Place and 94-96 Park Street, Mona Vale, legally known as Lot 13 DP226681, Lot 2 DP222636 and Lot 42 DP11108 (the site).
The DA seeks consent for the following works on the site:
Demolition of all structures on site, tree removal and site preparation works;
Construction of a 4-storey residential flat building across two wings (referred to as north and south buildings) with a shared 1 and half level basement;
Communal open space facilities including a lap pool/spa, outdoor dining/kitchen area, gymnasium and sauna;
27 apartments configured as:
(a) 2 x one-bedroom apartments; (b) 13 x two-bedroom apartments; and (c) 12 x three-bedroom apartments;
Two-level basement containing 65 car parking spaces (55 resident and 9 visitor); 1 car wash bay; 9 bicycles spaces; storage, pump room, waste and bulky waste rooms; and lift and stair access.
The DA was made in reliance upon Chs 2 and 6 of State Environmental Planning Policy (Housing) 2021 (Housing SEPP) and proposes that 5 apartments be used for the purposes of affordable housing.
The DA was lodged on 23 May 2025. The Applicant lodged a Class 1 Application with the Court on 4 July 2025. The Respondent’s Statement of Facts and Contentions (SOFAC) was filed with the Court on 13 August 2025. The Applicant’s Statement of Facts and Contentions in reply was filed with the Court on 4 September 2025.
The Court arranged a conciliation conference under s 34(1) of the Land and Environment Court Act 1979 (NSW) (LEC Act) between the parties, which was held on 7 October 2025. I presided over the conciliation conference, which commenced with an on-site view. A number of submitters attended the on-site view, and one submitter made a verbal submission to the Court on behalf of a number of the submitters present.
The s 34 conciliation conference was adjourned to 23 October 2025 to allow time for amended plans to be prepared by the Applicant and assessed by the Respondent, and subsequently further adjourned a number of times, to allow the parties time to consider and review the revised plans and to finalise the s 34 agreement and conditions of consent based on an amended development application (the amended DA).
After the conciliation conferences, the parties reached an agreement as to the terms of a decision in the proceedings that would be acceptable to the parties.
The parties advise that the Applicant provided to the Respondent amended plans and material that include a number of changes in the amended DA to address:
Resident objections and concerns regarding stormwater management; and
Resident objections and concerns regarding built form, design, amenity, landscaping, traffic, parking, pedestrian safety, demolition and excavation, construction impacts, geotechnical information, and acoustic assessment.
A signed s 34 agreement with Annexure A and the amended plans were filed with the Court on 25 November 2025. A set of corrected conditions of consent was filed with the Court on 15 December 2025. The s 34 agreement is supported by an agreed statement of jurisdictional prerequisites.
Under s 34(3) of the LEC Act, I must dispose of the proceedings in accordance with the parties’ decision if the parties’ decision is a decision that the Court could have made in the proper exercise of its functions. In making the orders to give effect to the agreement between the parties, I was not required to, and have not, made any merit assessment of the issues that were originally in dispute between the parties.
The parties’ decision involves the Court exercising the function under s 4.16 of the EPA Act to grant consent to the DA.
There are jurisdictional prerequisites that must be satisfied before this function can be exercised. The parties have identified and explained how the jurisdictional prerequisites of relevance have been satisfied in a written submission accompanying the s 34 agreement, and those requirements have been satisfied as follows.
The DA was notified between 3 June 2025 and 17 June 2025. 26 submissions were received in response to the notification of the DA.
The parties advise that the matters raised by the objectors in relation to the DA have been considered by the parties who agree that the matters raised where relevant have been satisfactorily addressed through the Applicant’s amended plans and the conditions of consent.
The provisions of Chs 2, 4 and 6 of the Housing SEPP apply to the proposed development.
The DA relies on Chs 2 and 6 of the Housing SEPP for permissibility, and for exceeding height of building (HOB) and floor space ratio (FSR) development standards contained in the Pittwater Local Environmental Plan 2014 (the LEP), as discussed at [39] – [48] below.
The proposed development includes five affordable housing apartments (Apartments 103, 302, 303, 307 and 205), with a combined gross floor area (GFA) of 473 m², representing 15.17% of the total GFA.
The parties advise that these five dwellings in the proposed development satisfy the definition of “affordable housing” contained in s 1.4(1) of the EPA Act and Ch 2, Pt 1, s 13 of Housing SEPP.
The parties submit that:
Conditions of consent will secure the use of these apartments for affordable housing for a minimum period of 15 years from the issue of the occupation certificate;
This affordable housing component will be implemented through the registration of a restriction as to user under s 88B of the Conveyancing Act 1919 (NSW), requiring the designated apartments to be used as affordable rental housing; and
The affordable housing component will be managed by a registered community housing provider in accordance with s 21 of the Housing SEPP.
Section 15C of Housing SEPP sets out the criteria for development to which the in-fill affordable housing provisions may apply.
The parties submit that s 15C(1) of the Housing SEPP is complied with because:
Residential flat buildings are permissible with consent on the land under s 174 of the Housing SEPP;
The affordable housing component is 15.4% of total GFA, exceeding the minimum 10% requirement; and
The site is within an accessible area, being approximately 150m walking distance from a regularly serviced bus stop on Maxwell Street, Mona Vale.
The parties advise that:
Section 15C(2) of the Housing SEPP is complied with because the affordable housing provided is not required under any other chapter, environmental planning instrument or planning agreement and none of the exclusions in s 15C(2A) of the Housing SEPP apply.
The proposed development complies with s 12A of the Housing SEPP, as the proposed FSR does not exceed 130% of the maximum permissible FSR for the site.
FSR compliance is further discussed at [47] – [49].
Chapter 4 of the Housing SEPP applies to the proposed development pursuant to s 144 of the Housing SEPP as the proposed development for the purposes of a residential flat building.
The parties advise that the DA was referred to the Respondent’s Design Review Panel in accordance with the requirements of s 145 of the Housing SEPP, and that the amended DA is accompanied by a Design Verification Statement prepared by Walsh Architects, in accordance with s 29 of the Environmental Planning Assessment Regulation 2021 (NSW) (EPA Regulation), which assesses compliance of the amended proposal with the Apartment Design Guide (ADG), and the Design Quality Principles under Sch 9 of the Housing SEPP.
The parties submit that:
The proposed development maximises solar access within the site constraints, with over 70% of apartments achieving direct solar access for a minimum of two hours between 9am and 3pm mid-winter, in line with design guidance. High ceilings, appropriate window placements, and deep eaves contribute to improved light penetration and shading;
The proposed development also includes deep soil zones with a minimum dimension of 6 metres covering a total area of 625m², which constitutes 20% of the total site area; and
The Court can be satisfied that the matters under s 147(1) of the Housing SEPP have been taken into consideration and consent can be granted to the proposed development.
Pursuant to s 164(1), Ch 6 of the Housing SEPP applies to the Northern Beaches Local Government Area. The site is located within the “low and mid rise housing area” identified in s 163 of the Housing SEPP, and specifically within the “low and mid rise housing outer area”, being within 400m and 800m walking distance of the Mona Vale Town Centre.
Section 4.15(2) of the EPA Act provides as follows:
Compliance with non-discretionary development standards—development other than complying development If an environmental planning instrument or a regulation contains non-discretionary development standards and development, not being complying development, the subject of a development application complies with those standards, the consent authority—
(a) is not entitled to take those standards into further consideration in determining the development application, and
(b) must not refuse the application on the ground that the development does not comply with those standards, and
(c) must not impose a condition of consent that has the same, or substantially the same, effect as those standards but is more onerous than those standards,
and the discretion of the consent authority under this section and section 4.16 is limited accordingly.
Section 179 of the Housing SEPP prescribes non-discretionary development standards for residential flat buildings in a low and mid rise housing area within the R2 zone, including a maximum FSR of 0.8:1 and a maximum building height of 9.5m.
As addressed in the FSR and maximum building height sections at par [18] – [24], the parties advise that the proposed development satisfies the applicable non-discretionary standards under Ch 6 of the Housing SEPP, as modified by the affordable housing bonus provisions at s 12A at Ch 2 of the Housing SEPP.
Section 4.6 of the State Environmental Planning Policy (Resilience and Hazards) 2021 (Resilience SEPP) requires that a consent authority must not grant consent to any development on the land unless it has considered whether a site is contaminated or potentially contaminated land, and if it is, that it is satisfied that the land is suitable (or will be suitable after undergoing remediation) for the proposed use.
The parties advise that the site has been historically used for residential purposes and there are no other known uses for the land. The parties submit that:
For the purposes of s 4.6(2) – (4) of the Resilience SEPP, the site is not within an investigation area, is not identified as a contaminated site on the NSW environment Protection Authority’s list of notified sites, nor is it in the vicinity of any listed sites;
The Geotechnical Investigation Report provided with the DA did not detect any contamination in the soil samples taken from the site; and
The conditions of consent at provide requirements for the handling of asbestos during demolition to ensure that the removal of asbestos is undertaken safely and professionally by a licensed contractor; and
The Court can be satisfied that the site can be made suitable for the proposed development and the amended DA satisfies s 4.6 of the Resilience SEPP.
The Court is satisfied for the purposes of s 4.6 of the Resilience SEPP that the site is suitable for the proposed development.
State Environmental Planning Policy (Sustainable Buildings) 2022 (Sustainability Buildings SEPP) applies to the proposed development. Section 27 of the EPA Regulation provides that a BASIX certificate must be issued for the proposed development. The proposed development is BASIX development, as defined in the Dictionary of the EPA Regulation. The parties advise that:
The amended DA is accompanied by an updated BASIX Certificate Number 1795832M_02 prepared by Enhanced Building Services Pty Ltd dated 25 November 2025 which outlines measures proposed in the development to meet relevant energy and water efficiency targets;
The embodied energy report forms part of the online BASIX tool which is covered by the BASIX Certificate; and
The Court can be satisfied the proposed development complies with the Sustainable Buildings SEPP.
Pursuant to s 2.48 of State Environmental Planning Policy (Transport and Infrastructure) 2021 (Transport SEPP) the DA was referred to Ausgrid, the electricity supply authority for the area. The parties advise that Ausgrid endorsed the approval of the DA, subject to the imposition of conditions, which are incorporated into the conditions of consent.
The parties submit that s 2.48 of the Transport SEPP is satisfied.
The LEP is the relevant local environmental planning instrument that applies to the site. Under cl 2.1 of the LEP, the site is zoned R2 Low Density Residential.
Clause 2.7 of the LEP relates to demolition. The amended DA seeks consent for demolition of existing structures on the site.
8 Relationship with other environmental planning instruments
(1) Unless otherwise specified in this Policy, if there is an inconsistency between this Policy and another environmental planning instrument, whether made before or after the commencement of this Policy, this Policy prevails to the extent of the inconsistency.
174 Development permitted with development consent
Development for the purposes of residential flat buildings is permitted with development consent on land to which this chapter applies in a low and mid rise housing area in Zone R2 Low Density Residential or R3 Medium Density Residential.
179 Non-discretionary development standards—residential flat buildings and shop top housing in Zone R1 or R2
(1) This section applies to development for the purposes of residential flat buildings or shop top housing on land in a low and mid rise housing area in Zone R1 General Residential or R2 Low Density Residential.
(2) The following non-discretionary development standards apply—
(a) a minimum lot size of 500m2,
(b) a minimum lot width at the front building line of 12m,
(c) if no environmental planning instrument or development control plan that applies to the land specifies a maximum number of car parking spaces per dwelling—a minimum of 0.5 car parking spaces per dwelling,
(d) a maximum floor space ratio of 0.8:1,
(e) a maximum building height of 9.5m.
The parties advise that:
The site exceeds the required minimum lot size, with a total area of 3,071m², and exceeds the required minimum lot width at the front building line. For car parking, s 179(2)(c) of the Housing SEPP does not apply because the Pittwater 21 Development Control Plan 2011 (the DCP) specifies minimum parking rates. For 27 dwellings, the minimum requirement is 14 spaces, and the proposal provides 65 spaces, exceeding the applicable standard.
The affordable housing provisions in Ch 2 of the Housing SEPP apply concurrently with the low-and mid-rise housing provisions in Ch 6 of the Housing SEPP. The additional FSR and height bonuses available under Ch 2 of the Housing SEPP sit on top of the base controls in Ch 6 of the Housing SEPP; and
The proposed development is permissible and compliant with the non-discretionary low- and mid-rise housing and infill affordable housing development standards applicable to this form of development on the site.
Pursuant to cl 4.3 of LEP 2014, the Site is subject to an 8.5m HOB control. However, s 179(2)(e) of the Housing SEPP prescribes a non-discretionary development standard of 9.5m. The parties advise that:
Section 16(3) of the Housing SEPP permits an additional building height equal to the percentage of additional FSR available under s 16(1) of the Housing SEPP. As the proposed development achieves the full 30% FSR incentive, the maximum permissible building height increases by 30%, resulting in a maximum building height of 12.35m.
Section 8(1) of the Housing SEPP provides that, where a conflict arises between the Housing SEPP and another environmental planning instrument, the Housing SEPP prevails to the extent of any inconsistency. Accordingly, the LEP HOB standard is displaced by the non-discretionary development standard under the Housing SEPP.
The proposal has a maximum building height of 12.35m, which is compliant with the Housing SEPP.
The site does not have a maximum FSR development standard under the LEP. The applicable FSR controls arise under the Housing SEPP.
Section 16 of the Housing SEPP provides:
16 Affordable housing requirements for additional floor space ratio
(1) The maximum floor space ratio for development that includes residential development to which this division applies is the maximum permissible floor space ratio for the development on the land plus an additional floor space ratio of up to 30%, based on the minimum affordable housing component calculated in accordance with subsection (2).
(2) The minimum affordable housing component, which must be at least 10%, is calculated as follows—
(3) If the development includes residential flat buildings or shop top housing, the maximum building height for a building used for residential flat buildings or shop top housing is the maximum permissible building height for the development on the land plus an additional building height that is the same percentage as the additional floor space ratio permitted under subsection (1).
…
(4) This section does not apply to development on land for which there is no maximum permissible floor space ratio.
The parties advise that:
Section 16(4) of the Housing SEPP is not engaged, as a maximum permissible FSR is prescribed for the land under s 179(2)(d) of the Housing SEPP;
Under s 179(2)(d) of the Housing SEPP, development for the purposes of a residential flat building in a low- and mid-rise housing area within the R2 zone is subject to a non-discretionary maximum FSR of 0.8:1;
The total area of the site is 3,071 m2. The proposal includes 15.17% of total GFA as affordable housing, which exceeds the required minimum 10% required to access the bonus under s 16(1) of the Housing SEPP. Accordingly, a 30% bonus applies, increasing the maximum permissible FSR to 1.04:1; and
The amended DA proposes a maximum GFA of 3,124 m², representing a FSR of 1.02:1, which is below the maximum permissible FSR of 1.04:1; and the proposal therefore achieves compliance with the FSR provisions of the Housing SEPP.
Clause 7.1 of the LEP relates to acid sulfate soils, and aims to ensure that development does not disturb, expose or drain acid sulfate soils and cause environmental damage. Pursuant to cl 7.1 of the LEP the site is mapped as Class 5.
The parties advise that:
The proposed works are not within 500 metres of adjacent Class 1, 2, 3 or 4 land that is below 5 metres Australian Height Datum and by which the water table is likely be lowered below 1 metre Australian Height Datum on adjacent Class 1, 2, 3 or 4 land; and
No further investigation is warranted in this instance and this clause is satisfied
Clause 7.2 of the LEP applies where development consent is required for earthworks. The parties advise that:
The amended DA is accompanied by a revised Geotechnical Investigation Report prepared by Crozier Geotechnical Consultants dated 5 September 2025 (the Geotechncial Report). The report assesses the subsurface and groundwater conditions and provides recommendations for mitigating construction impacts. The amended proposal is capable of complying with these recommendations; and
The Respondent has considered the matters within cl 7.2(3) of the LEP and considers that the site is suitable for the proposed development. Compliance with the Geotechnical Report forms a condition of consent for the amended proposal.
Clause 7.10 of the LEP relates to essential services. The parties advise that:
The site is currently connected to all reticulated services including sewer, water, stormwater, electricity, telecommunications and constructed roads, with the proposed development to be duly connected to and serviced by such; and
The parties agree that the Court can be satisfied the services listed in cl 7.10 of the LEP are available and adequate arrangements have been made to ensure the proposed development is accordingly serviced.
Having considered the advice of the parties provided above at [13]-[54], I am satisfied that:
The Applicant’s amended DA can be approved having regard to the matters in s 4.15(1)(b) – (e) of the EPA Act; and
The jurisdictional prerequisites on which I must be satisfied before I can exercise the power under s 4.16 of the EPA Act have been satisfied; and
Approval of the proposed development is in the public interest.
Further, I am satisfied that the parties’ decision is one that the Court could have made in the proper exercise of its functions, as required by s 34(3) of the LEC Act.
As the parties’ decision is a decision that the Court could have made in the proper exercise of its functions, I am required under s 34(3) of the LEC Act to dispose of the proceedings in accordance with the parties’ decision.
The Court notes:
That Northern Beaches Council, as the relevant consent authority, pursuant to s 38(1) of the Environmental Planning and Assessment Regulation 2021 (NSW), has approved the application for an amendment to development application DA2025/0573 made on 25 November 2025 to rely on the documents specified below:
| Documents | | Revised Architectural Plans prepared by Walsh Architects: Drawing No. Description Rev. Date DA.010 Existing Site Plan 2 28.10.2025 DA.020 Site Analysis 2 28.10.2025 DA.030 Demolition Plan 2 28.10.2025 DA.040 Proposed Site Plan 2 28.10.2025 DA.050 3D Visualisation 1 28.10.2025 DA.100 Basement 2 Plan 2 28.10.2025 DA.101 Level 1 Plan 3 30.10.2025 DA.102 Level 2 Plan 3 30.10.2025 DA.103 Level 3 Plan 2 28.10.2025 DA.104 Level 4 Plan 3 30.10.2025 DA.105 Level 5 Plan 2 28.10.2025 DA.106 Roof Plan 2 28.10.2025 DA.200 Long Sections 2 28.10.2025 DA.201 Cross Sections 2 28.10.2025 DA.202 Cross Sections 2 28.10.2025 DA.300 Elevations 2 28.10.2025 DA.301 Elevations 2 28.10.2025 DA.302 Elevations 2 28.10.2025 DA.400 Area Calculations- Gross Floor Area 2 28.10.2025 DA.401 Area Calculations - Affordable Area 3 30.10.2025 DA.402 Area Calculations - Landscape Area 2 28.10.2025 DA.500 Shadow Diagrams - 9am June 21st 2 28.10.2025 DA.501 Shadow Diagrams - 10am June 21st 1 28.10.2025 DA.502 Shadow Diagrams - 11am June 21st 1 28.10.2025 DA.503 Shadow Diagrams - 12pm June 21st 2 28.10.2025 DA.504 Shadow Diagrams - 1pm June 21st 1 28.10.2025 DA.505 Shadow Diagrams - 2pm June 21st 1 28.10.2025 DA.506 Shadow Diagrams - 3pm June 21st 2 28.10.2025 DA.600 Views From Sun - 9am June 21st 2 28.10.2025 DA.601 Views From Sun - 10am June 21st 2 28.10.2025 DA.602 Views From Sun - 11am June 21st 2 28.10.2025 DA.603 Views From Sun - 12pm June 21st 2 28.10.2025 DA.604 Views From Sun - 1pm June 21st 2 28.10.2025 DA.605 Views From Sun - 2pm June 21st 2 28.10.2025 DA. 606 Views From Sun - 3pm June 21st 2 28.10.2025 | | Drawing No. | Description | Rev. | Date | | DA.010 | Existing Site Plan | 2 | 28.10.2025 | | DA.020 | Site Analysis | 2 | 28.10.2025 | | DA.030 | Demolition Plan | 2 | 28.10.2025 | | DA.040 | Proposed Site Plan | 2 | 28.10.2025 | | DA.050 | 3D Visualisation | 1 | 28.10.2025 | | DA.100 | Basement 2 Plan | 2 | 28.10.2025 | | DA.101 | Level 1 Plan | 3 | 30.10.2025 | | DA.102 | Level 2 Plan | 3 | 30.10.2025 | | DA.103 | Level 3 Plan | 2 | 28.10.2025 | | DA.104 | Level 4 Plan | 3 | 30.10.2025 | | DA.105 | Level 5 Plan | 2 | 28.10.2025 | | DA.106 | Roof Plan | 2 | 28.10.2025 | | DA.200 | Long Sections | 2 | 28.10.2025 | | DA.201 | Cross Sections | 2 | 28.10.2025 | | DA.202 | Cross Sections | 2 | 28.10.2025 | | DA.300 | Elevations | 2 | 28.10.2025 | | DA.301 | Elevations | 2 | 28.10.2025 | | DA.302 | Elevations | 2 | 28.10.2025 | | DA.400 | Area Calculations- Gross Floor Area | 2 | 28.10.2025 | | DA.401 | Area Calculations - Affordable Area | 3 | 30.10.2025 | | DA.402 | Area Calculations - Landscape Area | 2 | 28.10.2025 | | DA.500 | Shadow Diagrams - 9am June 21st | 2 | 28.10.2025 | | DA.501 | Shadow Diagrams - 10am June 21st | 1 | 28.10.2025 | | DA.502 | Shadow Diagrams - 11am June 21st | 1 | 28.10.2025 | | DA.503 | Shadow Diagrams - 12pm June 21st | 2 | 28.10.2025 | | DA.504 | Shadow Diagrams - 1pm June 21st | 1 | 28.10.2025 | | DA.505 | Shadow Diagrams - 2pm June 21st | 1 | 28.10.2025 | | DA.506 | Shadow Diagrams - 3pm June 21st | 2 | 28.10.2025 | | DA.600 | Views From Sun - 9am June 21st | 2 | 28.10.2025 | | DA.601 | Views From Sun - 10am June 21st | 2 | 28.10.2025 | | DA.602 | Views From Sun - 11am June 21st | 2 | 28.10.2025 | | DA.603 | Views From Sun - 12pm June 21st | 2 | 28.10.2025 | | DA.604 | Views From Sun - 1pm June 21st | 2 | 28.10.2025 | | DA.605 | Views From Sun - 2pm June 21st | 2 | 28.10.2025 | | DA. 606 | Views From Sun - 3pm June 21st | 2 | 28.10.2025 | | Revised Landscaping Plan prepared by PLOT Design: Drawing No. Description Rev. Date LS501.1 Level 1 Landscape Plan – Sheet 1 D 17.11.2025 LS501.2 Level 2 Landscape Plan – Sheet 2 E 17.11.2025 LS501.3 Level 3 Landscape Plan D 27.10.2025 LS501.4 Level 4 Landscape Plan – Planter Boxes C 17.10.2025 LS501.5 Level 5 Landscape Plan – Planter Boxes C 17.10.2025 LS501.6 Tree canopy calculations E 17.11.2025 LS503.1 Drawing – Landscape Details C 17.10.2025 LS503.2 Drawing – Plant Imagery C 17.10.2025 | | Drawing No. | Description | Rev. | Date | | LS501.1 | Level 1 Landscape Plan – Sheet 1 | D | 17.11.2025 | | LS501.2 | Level 2 Landscape Plan – Sheet 2 | E | 17.11.2025 | | LS501.3 | Level 3 Landscape Plan | D | 27.10.2025 | | LS501.4 | Level 4 Landscape Plan – Planter Boxes | C | 17.10.2025 | | LS501.5 | Level 5 Landscape Plan – Planter Boxes | C | 17.10.2025 | | LS501.6 | Tree canopy calculations | E | 17.11.2025 | | LS503.1 | Drawing – Landscape Details | C | 17.10.2025 | | LS503.2 | Drawing – Plant Imagery | C | 17.10.2025 | | Revised Stormwater Management Plan prepared by RTS Civil Consulting Engineers: Drawing No. Description Rev. Date SW001 Cover page, notes and calculations (sheet 1 of 2) C 28.10.2025 SW002 Cover page, notes and calculations (sheet 2 of 2) C 28.10.2025 SE100 Sediment & erosion control plan C 28.10.2025 SE200 Sediment & erosion control plan details C 28.10.2025 SW100 Basement 2 stormwater management plan D 17.11.2025 SW101 Basement 1 stormwater management plan D 17.11.2025 SW102 Level 2 stormwater management plan D 17.11.2025 SW103 Site stormwater catchment plan C 28.10.2025 SW200 Stormwater drainage details (sheet 1 of 3) C 28.10.2025 SW201 Stormwater drainage details (sheet 2 of 3) C 28.10.2025 SW202 Stormwater drainage details (sheet 3 of 3) C 28.10.2025 | | Drawing No. | Description | Rev. | Date | | SW001 | Cover page, notes and calculations (sheet 1 of 2) | C | 28.10.2025 | | SW002 | Cover page, notes and calculations (sheet 2 of 2) | C | 28.10.2025 | | SE100 | Sediment & erosion control plan | C | 28.10.2025 | | SE200 | Sediment & erosion control plan details | C | 28.10.2025 | | SW100 | Basement 2 stormwater management plan | D | 17.11.2025 | | SW101 | Basement 1 stormwater management plan | D | 17.11.2025 | | SW102 | Level 2 stormwater management plan | D | 17.11.2025 | | SW103 | Site stormwater catchment plan | C | 28.10.2025 | | SW200 | Stormwater drainage details (sheet 1 of 3) | C | 28.10.2025 | | SW201 | Stormwater drainage details (sheet 2 of 3) | C | 28.10.2025 | | SW202 | Stormwater drainage details (sheet 3 of 3) | C | 28.10.2025 | | Revised Civil Driveway Access Plan prepared by RTS Civil Consulting Engineers: Drawing No. Description Rev. Date CW001 Cover page, notes and calculations B 30.09.2025 CW100 Civil Driveway Access Plan B 30.09.2025 CW200 Driveway Longitudinal 1 B 30.09.2025 CW201 Driveway Longitudinal 2 B 30.09.2025 CW202 Driveway Longitudinal 3 & 4 B 30.09.2025 | | Drawing No. | Description | Rev. | Date | | CW001 | Cover page, notes and calculations | B | 30.09.2025 | | CW100 | Civil Driveway Access Plan | B | 30.09.2025 | | CW200 | Driveway Longitudinal 1 | B | 30.09.2025 | | CW201 | Driveway Longitudinal 2 | B | 30.09.2025 | | CW202 | Driveway Longitudinal 3 & 4 | B | 30.09.2025 | | Revised Geotechnical Site Investigation prepared by Crozier Geotechnical Consultants dated 5 September 2025 | | Revised Stormwater Concept Design Statement prepared by RTS Civil Consulting Engineers dated 17 October 2025 | | Revised Traffic Impact Assessment prepared by Genesis Traffic dated 17 October 2025 | | Revised Arboricultural Impact Assessment prepared by Selena Hannan Landscape Design dated 17 October 2025 | | Revised Certification Qualified Designer Statement and SEPP Design Statement Prepared by Walsh Architects dated 19 November 2025 | | BASIX Certificate 1795832M_02 prepared by Enhanced Building Services Pty Ltd dated 25 November 2025 | | Revised BASIX and Thermal Report prepared by EBS Consultants dated 25 November 2025 | | NatHERS Certificate No. #HR-XH4ACU-02 prepared by Cadence Efficiency Pty Ltd dated 25 November 2025 |
The Court orders that:
Pursuant to s 8.15(3) of the Environmental Planning and Assessment Act 1979 (NSW), the Applicant is to pay the costs of the Respondent that have been thrown away as a result of the amendment of the development application, in the amount of $17,000 within 28 days of the date of these orders.
The appeal is upheld.
Development consent is granted to development application No DA2025/0573 as amended, for the demolition of existing structures, tree removal and the construction of a four storey residential flat development containing a total of 27 apartments, basement parking and associated elements on land at 94-96 Park Street and 4 Kunari Place, Mona Vale, NSW, 2103, legally known as Lot 13 DP226681, Lot 2 DP222636 and Lot 42 DP11108, subject to the conditions of consent in Annexure A.
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Annexure A (544 KB, pdf)
Mona Vale Central Pty Ltd
Northern Beaches Council [2026] NSWLEC 1043