Midvena Pty Ltd v Northern Beaches Council [2021] NSWLEC 1217

Land and Environment Court New South Wales

Medium Neutral Citation: Midvena Pty Ltd v Northern Beaches Council [2021] NSWLEC 1217 Hearing dates: 30 March 2021 Date of orders: 30 April 2021 Decision date: 30 April 2021 Jurisdiction: Class 1 Before: Gray C Decision: In proceedings 2020/314960, the Court orders that: (1) The appeal is dismissed. (2) The building information certification application BC2020/0099 in relation to the mailbox structure located on the road reserve adjacent to 173-175 Riverview Road, Avalon Beach, is refused. (3) The exhibits are returned, except for exhibits B, D, E, F and G. In proceedings 2020/314961, the Court orders that: (1) The appeal is dismissed. (2) The application to modify the development consent 2020/0332 for the construction of the dwelling house at 173-175 Riverview Road, Avalon Beach, to incorporate a mailbox structure on the adjacent road reserve, is refused. Catchwords: APPEAL – modification application – building information certificate – sandstone clad wall containing letterbox – encroachment into the road reserve – adjacent to stairs leading to public reserve – whether modification application should be granted in the circumstances – whether building information certificate should be issued Legislation Cited: Environmental Planning and Assessment Act 1979 ss 4.15, 4.56, 6.25, 8.25 Environmental Planning and Assessment Regulation 2000 cl 115 Land and Environment Court Act 1979 ss 34, 34AA, 39 Local Government Act 1993 Pittwater Local Environmental Plan 2014 Roads Act 1993 ss 138-139 Cases Cited: Australian Leisure and Hospitality Group Pty Ltd v Manly Council (No 5) (2012) 211 LGERA 81; [2012] NSWLEC 53 Jonah Pty Limited v Pittwater Council (2006) 144 LGERA 408; [2006] NSWLEC 99 Zhang v Canterbury City Council (2001) 115 LGERA 373; [2001] NSWCA 167 Texts Cited: Australian Standard for Mailboxes (AS 4253:2019) Pittwater 21 Development Control Plan Category: Principal judgment Parties: Midvena Pty Ltd (Applicant) Northern Beaches Council (Respondent) Representation: Counsel: T Howard SC (Applicant) J Reid (Respondent)