Sanderson v Northern Beaches Council [2020] NSWLEC 1284

Land and Environment Court New South Wales

Medium Neutral Citation: Sanderson v Northern Beaches Council [2020] NSWLEC 1284 Hearing dates: 4 and 17 June 2020 Date of orders: 02 July 2020 Decision date: 02 July 2020 Jurisdiction: Class 1 Before: Gray C Decision: The Court orders that: (1) The appeal is upheld. (2) Development consent is granted for the consolidation of the two lots known as Lot 9 of DP 242284 and Lot 36 of Sec 1 DP 6462, and the subdivision of the consolidated lot into two lots of land, subject to the conditions of consent in Annexure A. (3) Exhibits 1-6 and 9 are returned. Catchwords: APPEAL – development application – subdivision of land – Voluntary Planning Agreement for the construction of a turning bay and the dedication of land – contentions resolved – resident submissions Legislation Cited: Environmental Planning and Assessment Act 1979 Environmental Planning and Assessment Regulation 2000 Land and Environment Court Act 1979 Pittwater Local Environmental Plan 2014 Cases Cited: Calardu Penrith Pty Ltd v Penrith City Council [2010] NSWLEC 50 Parrott v Kiama Municipal Council [2004] NSWLEC 77 Radray Constructions Pty Ltd v Hornsby Shire Council (2006) 145 LGERA 292; [2006] NSWLEC 155 Sanctuary Investments Pty Ltd v Baulkham Hills Shire Council (2006) 153 LGERA 355; [2006] NSWLEC 733 SZBEL v Minister for Immigration and Multicultural and Indigenous Affairs 228 CLR 152; [2006] HCA 63 Texts Cited: Northern Beaches Community Participation Plan Pittwater 21 Development Control Plan Category: Principal judgment Parties: Eric Sanderson (First Applicant) Jill Sanderson (Second Applicant) Northern Beaches Council (Respondent) Representation: Counsel: M Staunton (Applicants) F Berglund (Respondent)