Der Sarkissian v Northern Beaches Council [2021] NSWLEC 1041

Land and Environment Court New South Wales

Medium Neutral Citation: Der Sarkissian v Northern Beaches Council [2021] NSWLEC 1041 Hearing dates: 3 December 2020; 12 January 2021 Date of orders: 25 January 2021 Decision date: 25 January 2021 Jurisdiction: Class 1 Before: Walsh C Decision: The Court orders that: (1) The appeal is dismissed. (2) Development application No. DA2019/0380 for a dwelling house at 72 Carrington Parade, Curl Curl is refused. (3) The exhibits are returned with the exception of Exhibits 1, B, C and E. Catchwords: DEVELOPMENT APPLICATION – dwelling house – view loss Legislation Cited: Environmental Planning and Assessment Act 1979 Land and Environment Court Act 1979 Warringah Local Environmental Plan 2011 Cases Cited: Davies v Penrith City Council [2013] NSWLEC 1141 Tenacity Consulting v Warringah Council (2004) 134 LGERA 23; [2004] NSWLEC 140 Zhang v Canterbury City Council (2001) 115 LGERA 373; [2001] NSWCA 167 Texts Cited: Land and Environment Court, COVID-19 Pandemic Arrangements Policy Warringah Development Control Plan 2011 Category: Principal judgment Parties: Berge Der Sarkissian (Applicant) Northern Beaches Council (Respondent) Representation: Counsel: J Reid (Applicant) S Patterson (Solicitor) (Respondent)

Solicitors: Addisons (Applicant) Wilshire Webb Staunton Beattie (Respondent) File Number(s): 2019/281856 Publication restriction: No