Event and Time
Event Description
- Event: Appeal regarding the development application for alterations and additions to the Harbord Hotel located at 29-31 Moore Road, Freshwater.
- Date of Decision: August 15, 2021.
Application and Claims
- Application: The applicant sought a variation to the maximum height of the building control in clause 4.3 of the Warringah Local Environmental Plan 2011 (LEP).
- Claims: The appeal was centered on conditions imposed concerning:
- Noise compliance - Patron numbers - Shuttle bus for patrons - Vehicle parking
- The applicant’s development proposal included alterations and additions to the existing pub.
Judicial Decisions
- The Court upheld the applicant’s request for a variation regarding the maximum height of the building.
- The appeal was also upheld, granting development consent for development application no. DA2021/1620.
- The consent was subject to specified conditions outlined in Annexure A of the decision.
- Certain exhibits were returned, excluding specific items (A, B, D, E, 2, 3, and 4).
Dispute Points and Legal Basis
Dispute Points
- Applicant's Position:
- Argued the need for alterations and additions to meet contemporary standards and enhance the viability of the Harbord Hotel. - Highlighted the absence of limitations on patron numbers from the previous 2020 consent as a key point of contention. - Provided a Heritage Impact Statement (HIS) to demonstrate compliance with heritage considerations.
- Respondent's Position:
- Raised concerns regarding potential increases in noise, traffic, and overall impact on local amenity due to increased patron numbers. - Questioned the adequacy of management plans concerning noise compliance, patron limits, and vehicle logistics.