Graham v Northern Beaches Council [2020] NSWLEC 1335

Land and Environment Court New South Wales

Medium Neutral Citation: Graham v Northern Beaches Council [2020] NSWLEC 1335 Hearing dates: Conciliation conference on 24 July 2020 Date of orders: 04 August 2020 Decision date: 04 August 2020 Jurisdiction: Class 1 Before: Walsh C Decision: The Court orders that: (1) The applicant is granted leave to amend the development application and rely on the amended plans referred to in Condition 1 of Annexure 'A'. (2) The applicant's written request dated 24 July 2020 prepared by Minto Planning Services pursuant to clause 4.6 of the Pittwater Local Environmental Plan 2014 (PLEP) seeking a variation of the development standard for height of buildings set out in clause 4.3 of PLEP is upheld. (3) The appeal is upheld. (4) Development Application DA 2020/0028 for demolition works and construction of a dwelling house including a swimming pool on land legally described as Lot 24 in DP 11552 known as 11 Ocean Road, Palm Beach, NSW is approved subject to the conditions set out in Annexure "A". Catchwords: DEVELOPMENT APPLICATION – conciliation conference – agreement between the parties – orders 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 (Infrastructure) 2007 State Environmental Planning Policy No 55—Remediation of Land Category: Principal judgment Parties: Julie Graham (Applicant) Northern Beaches Council (Respondent) Representation: Counsel: G McKee (Solicitor) (Applicant) K Webber (Solicitor) (Respondent)