Backhouse v Northern Beaches Council [2022] NSWLEC 1070

Land and Environment Court New South Wales

Medium Neutral Citation: Backhouse v Northern Beaches Council [2022] NSWLEC 1070 Hearing dates: Conciliation conference on 7 February 2022 Date of orders: 14 February 2022 Decision date: 14 February 2022 Jurisdiction: Class 1 Before: Chilcott C Decision: The Court orders that: (1) The appeal is upheld. (2) Development Application No. DA2021/0905 for the demolition of existing structures, tree removal and excavation, and construction of a three storey dwelling house with two (2) levels of basement with a swimming pool and associated landscaping at 53 Wheeler Parade, Dee Why (Lot A, DP 338618) is approved, subject to the conditions of consent in Annexure 'A'. (3) The Respondent is to register the development consent on the NSW Planning Portal in accordance with s 4.20(1) of the Environmental Planning and Assessment Act 1979 within 14 days of the date of these orders. (4) The Respondent is to publish a notice of the development consent granted in relation to Development Application No. DA2021/0905 on its website in accordance with clause 124 of the Environmental Planning and Assessment Regulation 2000 within 14 days of the date of these orders. Catchwords: DEVELOPMENT APPLICATION – conciliation conference – agreement between the parties – orders Legislation Cited: Environmental Planning and Assessment Act 1979, ss 4.15, 4.16, 4.20 and 8.7 Environmental Planning and Assessment Regulation 2000, cll 2A, 55, 77, Pt 1 Land and Environment Court Act 1979, s 34 State Environmental Planning Policy (Building Sustainability Index: BASIX) 2004, cl 6 State Environmental Planning Policy No 55—Remediation of Land, cl 7 Warringah Local Environmental Plan 2011, cll 2.3, 4.3, 4.6, 6.2 Texts Cited: Land and Environment Court of New South Wales, COVID-19 Pandemic Arrangements Policy (December 2021) NSW Department of Planning and Environment, Apartment Design Guide, 2015 Warringah Development Control Plan 2011 Category: Principal judgment Parties: Brent Backhouse (Applicant) Northern Beaches Council (Respondent) Representation: Counsel: A Galasso SC (Applicant) S Patterson (Solicitor) (Respondent)