Kingfisher Properties Pty Ltd v Northern Beaches Council [2022] NSWLEC 1088

Land and Environment Court New South Wales

Medium Neutral Citation: Kingfisher Properties Pty Ltd v Northern Beaches Council [2022] NSWLEC 1088 Hearing dates: Conciliation conference on 11 February 2021 Date of orders: 21 February 2022 Decision date: 21 February 2022 Jurisdiction: Class 1 Before: Peatman AC Decision: The Court orders: (1) The appeal is upheld. (2) An Order pursuant to s 8.18(4)(c) and (f) of the Environmental Planning and Assessment Act 1979, the Order issued by the Respondent to the Applicant dated 25 January 2021 is substituted with the Order set out in Annexure A which is made pursuant to Division 9.3, Schedule 5 (Order Number 3) of the Environmental Planning and Assessment Act 1979. Catchwords: DEVELOPMENT CONTROL ORDER – development without consent – exempt and complying codes – demolition – reconstruction – conciliation conference – agreement between the parties – orders Legislation Cited: Environmental Planning and Assessment Act 1979 ss 4.1, 4.2, 8.18, 9.34, Schedule 5 Land and Environment Court Act 1979 ss 17(d), 34, 39 Pittwater Local Environmental Plan 2014 State Environmental Planning Policy (Exempt and Complying Development Codes) 2008, Part 1, Part 2, Div 1 Cases Cited: Tenacity Consulting Pty Ltd vs Warringah Council [2004] NSWLEC 140 Category: Principal judgment Parties: King Fisher Properties Pty Ltd (Applicant) Northern Beaches Council (Respondent) Representation: Counsel: R S Dunn (Solicitor) (Applicant) A Gough (Solicitor) (Respondent)