Furlong v Northern Beaches Council [2022] NSWLEC 1208

Land and Environment Court New South Wales

Medium Neutral Citation: Furlong v Northern Beaches Council [2022] NSWLEC 1208 Hearing dates: 17-18 February 2022 Date of orders: 22 April 2022 Decision date: 22 April 2022 Jurisdiction: Class 1 Before: Walsh C Decision: The Court orders that: (1) The appeal is dismissed. (2) Development Application DA2021/0517, which seeks the grant of consent for alterations and additions to a residential dwelling at 55 Wheeler Parade Dee Why, is refused. (3) The exhibits are returned with the exception of Exhibits 1, A and C which are retained. Catchwords: DEVELOPMENT APPLICATION – alterations and additions to a dwelling house – view loss – balancing view loss in instances of general compliance with other relevant controls – design alternatives Legislation Cited: Environmental Planning and Assessment Act 1979, s 8.7 Environmental Planning and Assessment Regulation 2000, cl 55 Land and Environment Court Act 1979, ss 34, 34AA, 39 Warringah Local Environmental Plan 2011, cl 1.2 Cases Cited: Abrams v The Council of the City of Sydney (No 2) [2018] NSWLEC 85 Tenacity Consulting Pty Ltd v Warringah Council (2004) 134 LGERA 23; [2004] NSWLEC 140 Tuite v Wingecarribee Shire Council (No 2) [2008] NSWLEC 321 Wang v North Sydney Council [2018] NSWLEC 122 Texts Cited: Land and Environment Court, COVID-19 Pandemic Arrangements Policy, 1 December 2021 Warringah Development Control Plan 2011 Category: Principal judgment Parties: Antaine Seamus Furlong (Applicant) Northern Beaches Council (Respondent) Representation: Counsel: A Pickles SC (Applicant) S Patterson (Solicitor) (Respondent)