Hunt v Northern Beaches Council [2020] NSWLEC 1561

Land and Environment Court New South Wales

Medium Neutral Citation: Hunt v Northern Beaches Council [2020] NSWLEC 1561 Hearing dates: Conciliation conference 2 November 2020 Date of orders: 16 November 2020 Decision date: 16 November 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 following amended plans: (a) Drawing No. 1S – Plan View dated 2 November 2020; (b) Drawing No. 2S – Northern Elevation dated 2 November 2020; (c) Drawing No. 3S – Elevations dated 2 November 2020; (d) Drawing No. 4S – Site Analysis Plan dated 2 November 2020; (e) Drawing No. 5S – Landscape Calculations dated 2 November 2020; (f) Drawing No 6S – Spot Levels and Sectional View dated 2 November 2020.; and (g) Landscape plan (Plan D) prepared by Selena Hannan Landscape Design dated 13 October 2020. (2) The appeal is upheld. (3) Development Application DA 2019/0616 for the use of an existing building as a secondary dwelling, the construction of carparking, front fence and landscaping at Lot 3 Deposited Plan 9667 known as 5 Birdwood Avenue, Collaroy is granted subject to the conditions in Annexure A. Catchwords: DEVELOPMENT APPLICATION – use of existing building as secondary dwelling – construction of carparking and landscaping – conciliation conference – 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 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 Warringah Local Environmental Plan 2011 Category: Principal judgment Parties: Christopher Douglas Hunt (Applicant) Northern Beaches Council (Respondent) Representation: Counsel: J Smith (Applicant) A Gough (Solicitor) (Respondent)