Pryor v Northern Beaches Council [2022] NSWLEC 1443

Land and Environment Court New South Wales

Medium Neutral Citation: Pryor v Northern Beaches Council [2022] NSWLEC 1443 Hearing dates: Conciliation conference held on 15 August 2022 Date of orders: 24 August 2022 Decision date: 24 August 2022 Jurisdiction: Class 1 Before: Bish C Decision: The Court orders that: (1) The appeal is upheld. (2) The amended written request made pursuant to clause 4.6 of the Warringah Local Environmental Plan 2011 (WLEP), dated 9 August 2022, prepared by Greg Boston of Blyth Fleming Town Planners, which seeks to vary development standard in clause 4.3 – Height of Buildings of the WLEP is upheld. (3) Development Application No. DA2021/1801 for demolition works and construction of a dwelling house, including a swimming pool and driveway on land at Lot 23 DP23447, known as 55 Woolgoolga Street, North Balgowlah is determined by grant of consent, subject to the conditions set out in Annexure 'A'. Catchwords: DEVELOPMENT APPLICATION – dwelling - stormwater management – amend conditions of consent - breach in height development standard – cl 4.6 request for variation of standard - conciliation conference conciliation conference – agreement between the parties – orders Legislation Cited: Environmental Planning and Assessment Act 1979, ss 4.15, 4.16, 4.17, 8.7 Environmental Planning and Assessment Regulation 2000, cll 49, 55 Land and Environment Court Act 1979, s 34, s 34AA State Environmental Planning Policy (Building Sustainability Index: BASIX) 2004 Warringah Local Environmental Plan 2011, cll 2.3, 4.3, 4.6 Texts Cited: Warringah Development Control Plan 2011 Category: Principal judgment Parties: Rory Pryor (Applicant) Northern Beaches Council (Respondent) Representation: Solicitors: G McKee, McKees Legal Solutions (Applicant) J Simpson, Northern Beaches Council (Respondent) File Number(s): 2022/134464 Publication restriction: No