Garling v Northern Beaches Council [2022] NSWLEC 1512

Land and Environment Court New South Wales

Medium Neutral Citation: Garling v Northern Beaches Council [2022] NSWLEC 1512 Hearing dates: Conciliation conference on 8 and 9 August 2022 Date of orders: 20 September 2022 Decision date: 20 September 2022 Jurisdiction: Class 1 Before: Espinosa C Decision: The Court orders: (1) The appeal is upheld; (2) Development consent no DA2016/0963 is modified in the terms in Annexure A. (3) Development consent no DA2016/0963 as modified by the Court is Annexure B. Catchwords: DEVELOPMENT APPEAL – conditions of consent – modification of development consent – consideration of objector submissions - conciliation conference – agreement between the parties - orders Legislation Cited: Environmental Planning and Assessment Act 1979, ss 4.15, 4.55, 8.9 Land and Environment Court Act 1979, ss 34, 34AA, 38, 39 State Environmental Planning Policy (Building Sustainability Index: BASIX) 2004 State Environmental Planning Policy (Resilience and Hazards) 2021 State Environmental Planning Policy 55 – Remediation of Land Warringah Local Environmental Plan 2011, cll 2.3, 2.7, 6.1 Cases Cited: Agricultural Equity Investments Pty Ltd v Westlime Pty Ltd (No 3) [2015] NSWLEC 75 Jon Garling v Northern Beaches Council [2022] NSWLEC 102 Moto Projects (No 2) Pty Ltd v North Sydney Council (1999) 106 LGERA 298; [1999] NSWLEC 280 Texts Cited: Warringah Development Control Plan 2012 Category: Principal judgment Parties: Jon Garling (Applicant) Northern Beaches Council (Respondent) Representation: Counsel: J Reid (Applicant) A Gough (Solicitor) (Respondent)