| Case Title: | Momentum Two Pty Ltd v Northern Beaches Council [2025] NSWLEC 1801 (18 November 2025) |
| Court: | New South Wales Land and Environment Court |
| Parties: | Applicant: Monument Two Pty Ltd Respondent: Northern Beaches Council |
| Address: | 7 Blackbutts Road Frenchs Forest (Lot 1, DP 501943) (‘Site’) |
This is an appeal by the Applicant against a deemed refusal of Development Application No. DA2024/1481 (‘DA’) by the Northern Beaches Council.
The DA is for demolition of an existing structure and construction of a childcare facility.
During a conciliation conference, an agreement was reached between the parties.
Changes agreed to in the reconciliation conference include:
- The reduction in the number of childcare places from 80 to 76
- Removal of one car space
- Increase of setbacks
- Relocation of vehicle exit
- Reconfiguration of internal and external features
- Privacy measures
- Changes to materials and finishes
- Adjustments to landscape design
In addition, further revised information was provided for acoustic, environmental, aboricultural and planning matters.
The Court upheld the appeal and accepted the agreement reached between the parties. The Applicant was ordered to pay costs in the amount of $8,000 to the Respondent.
To read the full judgment, CLICK HERE.
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