Meehan v Northern Beaches Council [2023] NSWLEC 1728

Land and Environment Court New South Wales

Medium Neutral Citation: Meehan v Northern Beaches Council [2023] NSWLEC 1728 Hearing dates: Conciliation Conference on 5 and 13 October 2023 Date of orders: 06 December 2023 Decision date: 06 December 2023 Jurisdiction: Class 1 Before: Byrne AC Decision: The Court orders that: (1) The appeal is upheld. (2) Development consent is granted to Development Application No. DA2022/1694, as amended, for alterations and additions to a dwelling house on land at 995 Barrenjoey Road, Palm Beach, NSW 2108, known as Lot 61 in DP13620 and Lot 1 in DP456145, subject to the conditions at Annexure A. Catchwords: DEVELOPMENT APPEAL – alterations and additions – dwelling house – waterfront land - conciliation conference – agreement between the parties – orders Legislation Cited: Environmental Planning and Assessment Act 1979, ss 4.14, 4.16, 8.7, 10.3 Environmental Planning and Assessment Regulation 2021, s 38 Land and Environment Court Act 1979, ss 17, 34, 34AA, 39 Pittwater Local Environmental Plan 2014, cll 4.3, 4.6, 7.1, 7.2, 7.6, 7.7, 7.8, 7.10 State Environmental Planning Policy (Resilience and Hazards) 2021, Chs 2,4, s 4.6 State Environmental Planning Policy (Transport and Infrastructure) 2021, ss 2.48, 2.119 Texts Cited: Northern Beaches Council's Community Participation Plan 2019 NSW Rural Fire Service, Planning For Bush Fire Protection, 2019 Pittwater 21 Development Control Plan Category: Principal judgment Parties: Christopher Meehan (Applicant) Northern Beaches Council (Respondent) Representation: Counsel: M Staunton (Applicant) H Grace (Respondent)