Turner v Northern Beaches Council [2023] NSWLEC 1219

Land and Environment Court New South Wales

Medium Neutral Citation: Turner v Northern Beaches Council [2023] NSWLEC 1219 Hearing dates: Conciliation conference on 27 and 28 April 2023 Date of orders: 9 May 2023 Decision date: 09 May 2023 Jurisdiction: Class 1 Before: Chilcott C Decision: The Court orders that: (1) The appeal is upheld. (2) Development Application No DA2021/2296 for the partial demolition of the existing dwelling and construction of a new dwelling comprising the retention of portions of the existing dwelling and a new studio over the existing garage at 26 Iluka Road, Palm Beach, is determined by the grant of consent subject to the conditions of consent in Annexure 'B'. Catchwords: DEVELOPMENT APPLICATION – conciliation conference – agreement between the parties – orders. Legislation Cited: Environmental Planning and Assessment Act 1979, ss 4.15, 4.16, 8.7 Environment Planning and Assessment Regulation 2021, cl 37 Pittwater Local Environmental Plan 2014, cl 2.3 Land and Environment Court Act 1979, s 34 State Environmental Planning Policy (Building Sustainability Index: BASIX) 2004 State Environmental Planning Policy (Resilience and Hazards) 2021, s 4.6 Texts Cited: Northern Beaches Council, Northern Beaches Community Participation Plan (2019) Pittwater 21 Development Control Plan Category: Principal judgment Parties: Orlaith Turner (Applicant) Northern Beaches Council (Respondent) Representation: Counsel: L Nupuri (Applicant) J Simpson (Solicitor) (Respondent)