The Land and Environment Court has ruled in favour of Asia Digital Investments Pty Ltd, approving a shop-top housing development at 1102 Barrenjoey Road, Palm Beach. This decision comes after Northern Beaches Council rejected the application (DA2022/0469) earlier this year. The approved project will replace an existing commercial property with a three-storey mixed-use building. It will feature retail spaces on the ground floor, residential apartments above, and basement parking.
Why Was This Development Controversial?
Several factors made the proposal a point of contention in Palm Beach.
The building exceeds the Pittwater Local Environmental Plan 2014 height limit of 8.5 metres. In some areas, the structure will rise as much as 2.99 metres above the allowable height. Residents and the Council argued this would overshadow neighbouring properties and disrupt the streetscape.
The site borders the heritage-listed Barrenjoey House, a significant local landmark. Many believed the new building would detract from the heritage property’s prominence and clash with the area’s “seaside village” character.
Community members raised concerns about increased traffic congestion, loss of privacy, and strain on local infrastructure. Many also argued that the project conflicted with planning policies that prioritise low-density development.
The Council pointed out non-compliance with the Pittwater 21 Development Control Plan, citing issues related to bulk, scale, and integration with the surrounding area.
The project also presented environmental and geotechnical challenges. Excavation required to construct the basement raised fears about the stability of nearby properties.
The Court’s Role and Decision
The developer appealed the Council’s refusal to the Land and Environment Court under Section 8.7 of the Environmental Planning and Assessment Act 1979. The Court reviewed the proposal and addressed each concern raised by the Council and the community.
Regarding the height exceedance, the Court accepted the developer’s argument that strict compliance with the height limit was unreasonable due to the site’s topography. It concluded that the height variation was justified to achieve a better design outcome.
For heritage concerns, the Court noted the design amendments, including pitched roofs and landscaping, which aimed to mitigate the building’s impact on Barrenjoey House. The Court found these changes sufficient to preserve the area’s heritage character.
On community objections, the Court acknowledged the public’s concerns but determined that the proposal aligned with state-level priorities to increase housing supply and encourage mixed-use developments.
The Court also reviewed environmental and geotechnical risks. Expert evidence showed that the project could safely proceed if construction adhered to specific safeguards.
Ultimately, the Court ruled the development was consistent with planning policies and approved it with more than 20 conditions to address local concerns.
Conditions Imposed by the Court
The Court required several measures to mitigate the impact of the development. These included enhanced landscaping to integrate the building into its surroundings, adjustments to maintain sightlines to heritage properties, and strict geotechnical safeguards during excavation. The developer must also implement flood mitigation measures, such as elevating ground floors and reinforcing structures. Noise and vibration monitoring during construction is another requirement.
Project Team
- Developer: Asia Digital Investments Pty Ltd
- Urban Planner: Boston Blyth Fleming Pty Ltd
- Architectural Design: Rob Mills Architecture & Interior
- Heritage Consultant: Weir Phillips Heritage and Planning
- Geotechnical Consultant: JK Geotechnics
- Traffic and Parking Consultant: McLaren Traffic Engineering and Road Safety Consultants
- Landscape Architect: Fifth Season Landscapes
- Environmental and Waste Management: Epic Environmental
- Flood and Hydraulic Engineering: Van Der Meer Consulting
Next Steps
With the Court’s approval, construction is expected to proceed once all pre-construction conditions are met. Residents can monitor the project by referencing application number DA2022/0469 on the Northern Beaches Council website.
