Haralambis v Northern Beaches Council [2022] NSWLEC 1186

Land and Environment Court New South Wales

Medium Neutral Citation: Haralambis v Northern Beaches Council [2022] NSWLEC 1186 Hearing dates: Conciliation Conference 30 March 2022 Date of orders: 08 April 2022 Decision date: 08 April 2022 Jurisdiction: Class 1 Before: Dickson C Decision: The Court orders that: (1) The appeal is upheld. (2) Development consent is granted to DA2021/1719 in respect of property at 7 Ozone Street, Freshwater, comprising Lot 26 in Deposited Plan 6098, for demolition of all existing structures, subdivision into two lots and construction of two new dwelling houses with swimming pools, subject to the conditions of consent in Annexure 'A'. Catchwords: DEVELOPMENT APPLICATION- demolition – subdivision - construction of two new residential dwellings – amended plans – agreement between the parties - orders Legislation Cited: Environmental Planning and Assessment Act 1979, ss 4.15, 4.16, 8.7 Environmental Planning and Assessment Regulation 2000, cl 55 Interpretation Act 1987, ss 5, 30 Land and Environment Court Act 1979, ss 34, 34AA State Environmental Planning Policy (Infrastructure) 2007, cl 45 State Environmental Planning Policy No. 55 Remediation of Land, 1998, cl 7 State Environmental Planning Policy (Resources and Energy) 2021 Warringah Local Environmental Plan 2011, cll 2.3, 2.7, 4.1, 4.3, 4.4, 5.10, 6.1, 6.2, 6.4 Category: Principal judgment Parties: Aristidis Haralambis (Applicant) Northern Beaches Council (Respondent) Representation: Solicitors: G Shapiro, Hones Lawyers (Applicant) J Simpson, Northern Beaches Council (Respondent) File Number(s): 2021/337164 Publication restriction: No