Russo v Northern Beaches Council [2020] NSWLEC 1259

Land and Environment Court New South Wales

Medium Neutral Citation: Russo v Northern Beaches Council [2020] NSWLEC 1259 Hearing dates: 12 June 2020 Date of orders: 18 June 2020 Decision date: 18 June 2020 Jurisdiction: Class 1 Before: O'Neill C Decision: Proceedings 2019/16066

The orders of the Court are: (1) The appeal against Development Control Order No. EPA2018/0279 relating to the premises at 57 Robertson Road, Scotland Island, is upheld. (2) Pursuant to s 8.18(4)(b) of the Environmental Planning and Assessment Act 1979 (NSW), Development Control Order No. EPA2018/0279 is modified to amend the time period for compliance with the order to a period of 56 days from the date of this order.

Proceedings 2019/360018

The orders of the Court are: (1) The appeal of the deemed refusal of Development Application No. 2019/1054 is dismissed. (2) Development Application No. 2019/1054 to demolish the existing front fence and construct a new front fence at 57 Robertson Road, Scotland Island, is refused. (3) The exhibits, other than Exhibits 1 and 2, are returned. Catchwords: DEVELOPMENT CONTROL ORDER and DEVELOPMENT APPLICATION – order to demolish front fence – development application to demolish front fence and construct a new front fence – insufficient information to be satisfied of jurisdictional preconditions – proposal is contrary to the character of the locality Legislation Cited: Environmental Planning and Assessment Act 1979 Land and Environment Court Act 1979 Pittwater Local Environmental Plan 2014 State Environmental Planning Policy (Coastal Management) 2018 State Environmental Planning Policy (Exempt and Complying Development Codes) 2008 Texts Cited: Pittwater 21 Development Control Plan Category: Principal judgment Parties: Ricardo Russo (Applicant) Northern Beaches Council (Respondent) Representation: Counsel: Self-represented (Applicant) A Gough (Solicitor) (Respondent)