Mailman v Northern Beaches Council [2021] NSWLEC 1626

Land and Environment Court New South Wales

Medium Neutral Citation: Mailman v Northern Beaches Council [2021] NSWLEC 1626 Hearing dates: Conciliation conference on 29 September 2021 Date of orders: 20 October 2021 Decision date: 20 October 2021 Jurisdiction: Class 1 Before: Peatman AC Decision: The Court Orders: (1) The variation to the area development control is granted pursuant to clause 4.6 of the Warringah Local Environmental Plan 2011. (2) The appeal is upheld. (3) Consent is granted to Development Application No. DA2021/0089 for the subdivision of Lot A in Deposited Plan 359775 at 6 Brighton Street, Freshwater NSW into two (2) lots, subject to the conditions contained in Annexure "A". (4) The Applicant is to pay the Respondent's costs thrown away pursuant to s 8.15(3) of the Environmental Planning and Assessment Act 1979 in the amount of $2,000 within 28 days of the Orders being made by the Court. Catchwords: DEVELOPMENT APPLICATION – subdivision – cl 4.6 variation – conciliation conference – agreement between the parties – orders Legislation Cited: Environmental Planning and Assessment Act 1979, ss 4.15, 4.16, 4.17, 8.7, 8.10, 8.14 Environmental Planning and Assessment Regulation 2000, cll 49, 55, 77 Land and Environment Court Act 1979, ss 17(d), 34, 39 State Environmental Planning Policy (Coastal Management) 2018, cll 13, 15 State Environmental Planning Policy No. 55 – Remediation of Land, cl 7 Warringah Local Environmental Plan 2011, cll 4, 5, 6 Texts Cited: Northern Beaches Council, Water Management for Development Policy 2021, cl 10, 11 Warringah Development Control Plan 2011 cl C1, C3 Category: Principal judgment Parties: Greg Mailman (Applicant) Northern Beaches Council (Respondent) Representation: Counsel: A Sattler (Solicitor) (Applicant) J Simpson (Solicitor) (Respondent)