Salerno v Northern Beaches Council [2020] NSWLEC 1376

Land and Environment Court New South Wales

Medium Neutral Citation: Salerno v Northern Beaches Council [2020] NSWLEC 1376 Hearing dates: Conciliation conference on 31 July 2020 Date of orders: 19 August 2020 Decision date: 19 August 2020 Jurisdiction: Class 1 Before: Clay AC Decision: The Court orders: (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 is to pay the respondent's costs thrown away pursuant to section 8.15(3) of the Environmental Planning and Assessment Act 1979 in the agreed sum of $2,000.00. (3) The appeal is upheld. (4) Development Application DA 2019/0954 for alterations and additions to the existing dwelling and the construction of a new secondary dwelling and swimming pool on Lot 20 in DP 15762 known as 87 Narrabeen Park Parade, Mona Vale, NSW is approved subject to the conditions set out in Annexure A. Catchwords: DEVELOPMENT APPLICATION – alterations and additions to existing dwelling – new secondary dwelling – conciliation – agreement between the parties – orders 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 State Environmental Planning Policy (Building Sustainability Index: BASIX) 2004 State Environmental Planning Policy (Coastal Management) 2018 State Environmental Planning Policy No 55—Remediation of Land Category: Principal judgment Parties: Nina Salerno (Applicant) Northern Beaches Council (Respondent) Representation: Counsel: D Tyrell (Solicitor) (Applicant) E Julliard (Solicitor) (Respondent)