A legal battle over a shop-top housing project at 1112–1116 Barrenjoey Road, Palm Beach has ended. The NSW Land and Environment Court approved the development, overturning Northern Beaches Council’s refusal. The case, Palmdev Pty Ltd v Northern Beaches Council, focused on the project’s height, scale, and impact. Many community members opposed the proposal.
Palmdev Pty Ltd sought approval for a four-storey mixed-use development. The plan included five residential apartments, two ground-floor retail spaces, basement parking for 23 vehicles, and the relocation of a bus stop. The project required demolishing existing structures and extensive excavation.
Council rejected the application due to concerns about height non-compliance, visual impact, local character, privacy, overshadowing, and traffic congestion. Palmdev appealed under section 8.7 of the Environmental Planning and Assessment Act 1979. The Court held a conciliation conference on 19 February 2025. After discussions, the Court upheld the appeal and allowed the development with modifications.
Why the Council Rejected the Development
Northern Beaches Council opposed the project because its height exceeded the 8.5m limit by 2.8m. The Council argued that the building’s bulk and scale did not fit the low-density coastal character of Palm Beach.
Officials expressed concerns about overshadowing, which could reduce natural light and impact views. The site is close to Barrenjoey House, a heritage-listed building. The Council felt the modern design did not complement the area’s historic features.
Privacy concerns also played a role in the refusal. The proposal included balconies and living areas overlooking neighbouring properties. Traffic issues were another problem, especially regarding bus stop relocation and street parking availability.
Community Backlash
Public opposition to the development was strong, with many submissions against it. Residents worried about overdevelopment and how it could set a precedent for future high-density projects.
Concerns about excavation and groundwater impact were also raised, given the site’s proximity to Pittwater. The Palm Beach & Whale Beach Association argued the design did not respect the area’s historical and architectural character.
Some residents feared that the commercial spaces would struggle due to flood risks and design limitations.
What the Court Decided
Despite opposition, the NSW Land and Environment Court ruled in Palmdev Pty Ltd’s favour. The Court determined that the project met the strategic planning objectives for the area.
The Court approved the height variation under Clause 4.6 of the Pittwater Local Environmental Plan 2014. It ruled that the stepped design followed the natural topography and maintained streetscape consistency.
The Court approved the development with conditions, including:
- Design modifications to improve privacy for neighbours and enhance landscaping.
- Traffic and access changes, ensuring the bus stop relocation followed Transport for NSW guidelines and maintained pedestrian safety.
- Environmental safeguards, including stormwater management and heritage preservation.
Artist impression by Koichi Takada Architects
Project Team
The development involved several consultants:
- Palmdev Pty Ltd – Developer
- Koichi Takada Architects – Architect
- Boston Blyth Fleming – Town Planner
- Varga Traffic Planning – Traffic Consultant
- EI Australia – Geotechnical Engineer
- Urbis – Heritage Consultant
- Acoustic Logic – Acoustic Consultant
- Dangar Barin Smith – Landscape Architect
- Taylor Consulting – Flood & Stormwater Consultant
- Erbas – Mechanical Engineer
- Elephants Foot – Waste Management Consultant
For more information, search DA2023/1289 on the Northern Beaches Council website.
