Watman v Northern Beaches Council [2021] NSWLEC 1487

Land and Environment Court New South Wales

Medium Neutral Citation: Watman v Northern Beaches Council [2021] NSWLEC 1487 Hearing dates: Conciliation conference held on 18 August 2021 Date of orders: 25 August 2021 Decision date: 25 August 2021 Jurisdiction: Class 1 Before: Bish C Decision: The Court orders: (1) The appeal is upheld. (2) A Development Control Order made pursuant to s 8.18(4)(b) of the Environmental Planning and Assessment Act 1979, issued by the Respondent to the Applicant, dated 24 November 2020 is modified as set out in Annexure 'A'. (3) The Development Control Order at Annexure A is made pursuant to Division 9.3, Schedule 5 (Order Number 1) of the Environmental Planning and Assessment Act 1979. (4) The modified Development Control Order is to be in the terms set out in Annexure "B". Catchwords: DEVELOPMENT CONTROL ORDERS – permissibility of use – conciliation conference – agreement between the parties – orders Legislation Cited: Environmental Planning and Protection Act 1979, s 9.34, 8.18, Part 1 of Schedule 5 Environmental Planning and Protection Regulation 2000, cl 55 Land and Environment Court Act 1979, s34 State Environmental Planning Policy (Exempt and Complying Development Codes) 2008 Warringah Environmental Plan 2011, cl 2.3 Category: Principal judgment Parties: Carol May Watman (Applicant) Northern Beaches Council (Respondent) Representation: Counsel: R Smallwood (Solicitor) (Applicant) A Gough (Solicitor) (Respondent)