Hetherington v Northern Beaches Council [2023] NSWLEC 1499

Land and Environment Court New South Wales

Medium Neutral Citation: Hetherington v Northern Beaches Council [2023] NSWLEC 1499 Hearing dates: Conciliation Conference 10 August 2023 Date of orders: 05 September 2023 Decision date: 05 September 2023 Jurisdiction: Class 1 Before: Espinosa C Decision: The Court orders: (1) The appeal is upheld. (2) Development Consent is granted to DA 2022/0880 for the construction of a new seawall within the Crown Land below the mean high water mark, alterations to the existing timber decking to the boatshed including part demolition/reduction in area of the decking and boatshed skid, and provision of associated filling and turfing of that space created by the new seawall, subject to conditions contained in Annexure A. Catchwords: DEVELOPMENT APPEAL – residential development – new seawall – alterations and additions to timber deck – works below mean high water mark – conciliation conference – agreement between the parties - orders Legislation Cited: Coastal Management Act 2016, s 27 Environmental Planning and Assessment Act 1979, ss 4.16, 8.7 Environmental Planning and Assessment Regulation 2021, s 38 Land and Environment Court Act 1979, ss 34, 34AA Pittwater Local Environmental Plan 2014, cll 7.1, 7.6, 7.7, 7.8, 7.10 State Environmental Planning Policy (Resilience and Hazards) 2021 State Environmental Planning Policy (Resilience and Hazards) 2021, ss 4.6, 2.10, 2.11, 2.12 and 2.13 Texts Cited: Northern Beaches Community Participation Plan Category: Principal judgment Parties: Scott Jarvis Hetherington (First Applicant) Adele Lynette Hetherington (Second Applicant) Northern Beaches Council (Respondent) Representation: Counsel: D Briggs (Solicitor)(Applicant) E Julliard (Solicitor)(Respondent)