Simpfendorfer v Northern Beaches Council [2020] NSWLEC 1274

Land and Environment Court New South Wales

Medium Neutral Citation: Simpfendorfer v Northern Beaches Council [2020] NSWLEC 1274 Hearing dates: 17 June 2020 Date of orders: 26 June 2020 Decision date: 26 June 2020 Jurisdiction: Class 1 Before: Chilcott C Decision: The Court orders that: (1) The Applicants are granted leave to amend their development application and to rely on amended plans; (2) The appeal is upheld; (3) The Applicants' development application DA2017/1140 is determined by the grant of consent, subject to the condition attached at Annexure "A"; (4) The exhibits are returned, except Exhibits A, B and 1. Catchwords: DEVELOPMENT APPLICATION – consolidation of two lots into one lot – proposed construction of a dwelling house and granny flat – whether proposal is consistent with the desired future character of Oxford Falls Valley – whether potential impacts of the proposal are acceptable – grant of consent not opposed by Respondent Legislation Cited: Conveyancing Act 1919 Environmental Planning and Assessment Act 1979 Environmental Planning and Assessment Regulation 2000 Land and Environment Court Act 1979 State Environmental Planning Policy (Building Sustainability Index: BASIX) 2004 State Environmental Planning Policy No 55—Remediation of Land Warringah Local Environmental Plan 2000 Warringah Local Environmental Plan 2011 Texts Cited: Land and Environment Court of NSW, COVID-19 Pandemic Arrangements Policy Category: Principal judgment Parties: David Andrew Simpfendorfer (First Applicant) Jennifer Kathleen Simpfendorfer (Second Applicant) Northern Beaches Council (Respondent) Representation: D Simpfendorfer (Litigant in person) (Applicants) S Patterson (Solicitor) (Respondent)