McGhee v Northern Beaches Council [2023] NSWLEC 1405

Land and Environment Court New South Wales

Medium Neutral Citation: McGhee v Northern Beaches Council [2023] NSWLEC 1405 Hearing dates: 23 and 24 February 2023 and 28 April 2023 Date of orders: 27 July 2023 Decision date: 27 July 2023 Jurisdiction: Class 1 Before: Espinosa C Decision: The Court orders: (1) The appeal is upheld. (2) Development application No DA2021/1734 for demolition of existing dwelling and construction of a dwelling house and associated landscaping works at 21 Headland Road, North Curl Curl legally described as Lot 107 in DP6143 is determined by granting consent to the application subject to the conditions in Annexure A. (3) The exhibits are retained. Catchwords: DEVELOPMENT APPEAL – residential development – demolition – construction of new dwelling – reasonable view sharing – conciliation conference – agreement between the parties –- orders Legislation Cited: Environmental Planning and Assessment Act 1979, s 8.7 Environmental Planning and Assessment Regulation 2000, cl 55 Land and Environment Court Act 1979, s 34 Trees (Disputes Between Neighbours) Act 2006, ss 14E, 14F Warringah Local Environmental Plan 2011 Cases Cited: Tenacity Consulting v Warringah Council (2004) 134 LGERA 23; [2004] NSWLEC 140 Ridley v The Owners Strata Plan No 60662 [2011] NSWLEC 1107 White v Baird [2014] NSWLEC 1189 Texts Cited: Warringah Development Control Plan 2012 Category: Principal judgment Parties: Thomas Michael David McGhee (First Applicant) Carmen Maureen McGhee (Second Applicant) Norther Beaches Council (Respondent) Representation: Counsel: F Berglund (Applicant) C Gough (Solicitor) (Respondent)