Bardwell v Northern Beaches Council [2022] NSWLEC 1271

Land and Environment Court New South Wales

Medium Neutral Citation: Bardwell v Northern Beaches Council [2022] NSWLEC 1271 Hearing dates: Conciliation conference on 9 and 12 May 2022 Date of orders: 27 May 2022 Decision date: 27 May 2022 Jurisdiction: Class 1 Before: Espinosa C Decision: The Court orders that: (1) The updated written request made pursuant to clause 4.6 of the Pittwater Local Environmental Plan 2014, seeking to vary the minimum lot size development standard in clause 4.1 of the Pittwater Local Environmental Plan 2014, dated 9 May 2022, prepared by Vaughan Milligan, is upheld. (2) The Appeal is upheld. (3) 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 $2000 within 28 days of the orders being made by the Court. (4) Development consent is granted to Development Application No. DA2021/0715 for demolition works and Torrens Title subdivision of one lot into two lots at Lot B DP419338, being 11B Hill Street, Warriewood, subject to the conditions of consent contained at Annexure 'A'. Catchwords: DEVELOPMENT APPEAL – subdivision – minimum lot size – cl 4.6 written request to justify contravention of development standard – conciliation conference – agreement between the parties - orders Legislation Cited: Environmental Planning and Assessment Act 1979, s 4.16, 8.7, 8.14, 8.15 Environmental Planning and Assessment Regulation 2000, cl 55 Land and Environment Court Act 1979, s 34 Pittwater Local Environmental Plan 2014, cl 4.1, 4.6, 7.1 State Environmental Planning Policy (Resilience and Hazards) 2021, cl 4.6 Category: Principal judgment Parties: John Bardwell (First Applicant) Christopher Bardwell (Second Applicant) Northern Beaches Council (Respondent) Representation: Counsel: A Sattler (Solicitor) (First and Second Applicants) J Simpson (Solicitor) (Respondent)