Westaway v Northern Beaches Council [2020] NSWLEC 1326

Land and Environment Court New South Wales

Medium Neutral Citation: Westaway v Northern Beaches Council [2020] NSWLEC 1326 Hearing dates: Conciliation conference on 15 June 2020 Date of orders: 28 July 2020 Decision date: 28 July 2020 Jurisdiction: Class 1 Before: O'Neill C Decision: The orders of the Court are: (1) The Applicant is granted leave to amend the application to rely on the amended plans referred to in Condition 1 of the conditions of consent at Annexure A. (2) The Applicant is to pay the Respondent's costs thrown away in the sum of $17,500.00 within 28 days of the date of these orders, pursuant to s 8.15(3) of the Environmental Planning and Assessment Act 1979. (3) The appeal is upheld. (4) Development Application No. 2019/0154 for demolition of existing structures and construction of a multi-dwelling development for Seniors Living, at 1955 Pittwater Road, Bayview, is approved, subject to the conditions of consent at Annexure A. Catchwords: DEVELOPMENT APPLICATION – conciliation conference – agreement between the parties Legislation Cited: Environmental Planning and Assessment Act 1979 Land and Environment Court Act 1979 Pittwater Local Environmental Plan 2014 State Environmental Planning Policy (Housing for Seniors or People with a Disability) 2004 Category: Principal judgment Parties: Ian Westaway (Applicant) Jan Westaway (Second Applicant) Northern Beaches Council (Respondent) Representation: Counsel: M Staunton (Applicant) A Gough (Solicitor) (Respondent)