Golden Beaches Pty Ltd v Northern Beaches Council [2020] NSWLEC 1339

Land and Environment Court New South Wales

Medium Neutral Citation: Golden Beaches Pty Ltd v Northern Beaches Council [2020] NSWLEC 1339 Hearing dates: Conciliation conference held on 3, 23 and 28 July 2020 Date of orders: 31 July 2020 Decision date: 31 July 2020 Jurisdiction: Class 1 Before: Morris AC Decision: The Court orders that: (1) The Applicant is given leave to amend Development Application DA2018/1069 and to rely on the amended plans and documents referred to in the Table at condition 1(a) of the conditions of consent at Annexure A. (2) The Applicant is to pay the Respondent's costs "thrown away" by the amendment of Development Application DA2018/1069 pursuant to s 8.15 of the Environmental Planning and Assessment Act 1979, as agreed or assessed. (3) The appeal is upheld. (4) Development Application DA2018/1069 for the demolition of an existing two (2) storey brick residence and existing secondary dwelling and construction of a new residential flat building containing three (3) apartments and basement car park is approved, subject to the conditions of consent at 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 Warringah Local Environmental Plan 2011 Category: Principal judgment Parties: Golden Beaches Pty Ltd (Applicant) Northern Beaches Council (Respondent) Representation: Counsel: C Ireland (Applicant) S Patterson (Solicitor) (Respondent)