McGregor v Northern Beaches Council [2022] NSWLEC 1287

Land and Environment Court New South Wales

Medium Neutral Citation: McGregor v Northern Beaches Council [2022] NSWLEC 1287 Hearing dates: Conciliation conference held on 30 May 2022 Date of orders: 07 June 2022 Decision date: 07 June 2022 Jurisdiction: Class 1 Before: Bish C Decision: The Court orders that: (1) The appeal is upheld. (2) Development Application No. DA2021/1334 for the proposed Community Title subdivision of one lot into three lots, demolition of existing dwelling house and carport, construction of two driveways with street cross overs, infrastructure services connections and ancillary site works at Lot 4 DP 30205, also known as 50 Condover Street, Balgowlah NSW 2093, is determined by the granting of consent subject to the conditions set out in Annexure 'A'. Catchwords: DEVELOPMENT APPLICATION – Community title subdivision – conciliation conference – 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, cll 49, 55 Land and Environment Court Act 1979, ss 34 State Environmental Planning Policy (Resilience and Hazards) 2021, cl 4.6 Warringah Local Environmental Plan 2011, cl 2.3 Texts Cited: Warringah Development Control Plan 2011 Category: Principal judgment Parties: Adrian McGregor (Applicant) Northern Beaches Council (Respondent) Representation: Counsel: A. Hemmings (Applicant) P Gough (Respondent)