O’Hanlon v Northern Beaches Council [2021] NSWLEC 1578

Land and Environment Court New South Wales

Medium Neutral Citation: O'Hanlon v Northern Beaches Council [2021] NSWLEC 1578 Hearing dates: Conciliation conference on 18 June, 8 and 20 July and 19 August 2021, final agreement filed 28 September 2021 Date of orders: 30 September 2021 Decision date: 30 September 2021 Jurisdiction: Class 1 Before: Pullinger AC Decision: The Court orders that: (1) The Applicant is to pay the Respondent's costs thrown away as a result of the amendment of the Development Application, pursuant to s 8.15(3) of the Environmental Planning and Assessment Act 1979, in the sum of $10,000 within 28 days. (2) The appeal is upheld. (3) Consent is granted to Development Application DA2019/1447, as amended, for the demolition of existing structures, the Torrens title subdivision of 1 lot into 2 lots and construction of a dwelling house, swimming pool and ancillary structures on each lot, at 27 Alan Avenue, Seaforth, subject to the conditions contained at Annexure A. Catchwords: DEVELOPMENT APPLICATION – subdivision – dwelling houses – agreement between the parties – orders Legislation Cited: Environmental Planning and Assessment Act 1979, ss 4.15, 4.16, 8.7, 8.15 Environmental Planning and Assessment Regulation 2000, cl 55 Land and Environment Court Act 1979, s 34 Manly Local Environmental Plan 2013, cll 2.6, 2.7, 4.1, 4.3, 4.4, 6.1, 6.2, 6.4, 6.8, 6.12 State Environmental Planning Policy (Building Sustainability Index: BASIX) 2004 State Environmental Planning Policy No 55—Remediation of Land, cl 7 Texts Cited: Land and Environment Court of New South Wales, COVID-19 Pandemic Arrangements Policy (April 2021) Manly Development Control Plan 2013 Category: Principal judgment Parties: Darren Sean O'Hanlon (Applicant) Northern Beaches Council (Respondent) Representation: Counsel: A Boskovitz (Solicitor) (Applicant) A Gough (Solicitor) (Respondent)