Psaila v Northern Beaches Council [2021] NSWLEC 1528

Land and Environment Court New South Wales

Medium Neutral Citation: Psaila v Northern Beaches Council [2021] NSWLEC 1528 Hearing dates: 25 August 2021 and 1 September 2021 Date of orders: 13 September 2021 Decision date: 13 September 2021 Jurisdiction: Class 1 Before: Peatman AC Decision: Orders: See [27] Catchwords: RESIDENTIAL DEVELOPMENT – Appeal against 2 conditions of consent – privacy impact on neighbours – built form impact – orders Legislation Cited: Environmental Planning and Assessment Act 1979, s 8.7, 4.2, 4.5, 4.15, 4.16, 4.17

Environmental Planning and Assessment Regulation 2000, cl 49, 55, 77 Land and Environment Court Act 1979, ss 17(d) and 39 Warringah Local Environmental Plan 2011 Texts Cited: Northern Beaches Participation Plan Warringah Development Control Plan 2011, Cll B3, D8 and D9 Category: Principal judgment Parties: Sandra Psaila (First Applicant) Jesmond Psaila (Second Applicant) Northern Beaches Council (Respondent) Representation: Counsel: L Nurpuri (Applicants) F Berglund (Respondent)

Solicitors: Alice Spizzo Advisory (Applicants) Northern Beaches Council (Respondent) File Number(s): 2021/94873 Publication restriction: No

Judgment 1. This is an appeal pursuant to s 8.7 of the Environmental Planning and Assessment Act 1979 (EPA Act) against 2 conditions of the consent granted by Northern Beaches Council (Council) in relation to Development Application DA2020/1737 (DA) for alterations and additions to the property known as 14 Kangaroo Road, Collaroy Plateau being the whole of the land in Lot 35 Deposited Plan 11593 (Land).