Berge De Sarkissan v Northern Beaches Council [2022] NSWLEC 1311

Land and Environment Court New South Wales

Medium Neutral Citation: Berge De Sarkissan v Northern Beaches Council [2022] NSWLEC 1311 Hearing dates: Conciliation conference 12, 13 May 2022 Date of orders: 17 June 2022 Decision date: 17 June 2022 Jurisdiction: Class 1 Before: Dickson C Decision: The Court orders that: (1) The appeal is upheld. (2) Consent is granted to Development Application DA2021/1140 for the demolition of the existing dwelling house and construction of a new dwelling house at 72 Carrington Parade, Curl Curl (Lot 1 DP 366860), subject to the conditions including the deferred commencement condition A1 contained in Annexure A. Catchwords: DEVELOPMENT APPLICATION – residential dwelling development – amended plans – agreement between the parties – orders Legislation Cited: Land and Environment Court Act 1979, ss 34, 34AA State Environmental Planning Policy (Biodiversity and Conservation) 2021 State Environmental Planning Policy (Building Sustainability Index: BASIX) 2004 State Environmental Planning Policy No 55—Remediation of Land State Environmental Planning Policy (Resilience and Hazards) 2021, cll 4.6, 2.10, 2.11 State Environmental Planning Policy (Vegetation in Non-Rural Areas) 2017 Warringah Local Environmental Plan 2011, cll 4.3, 6.1, 6.2, Category: Principal judgment Parties: Berge Der Sarkissan (Applicant) Northern Beaches Council (Respondent) Representation: Counsel: J Reid (Applicant) S Patterson (Respodent)