Humel v Northern Beaches Council [2023] NSWLEC 1750

Land and Environment Court New South Wales

Medium Neutral Citation: Humel v Northern Beaches Council [2023] NSWLEC 1750 Hearing dates: Conciliation Conference on 9 November 2023 Date of orders: 8 December 2023 Decision date: 08 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 DA-2022/1736, as amended, for demolition and construction of a dwelling house with attached secondary dwelling, swimming pool, landscaping works and ancillary site works on land at 6 Dick St, Freshwater NSW, 2096 (being proposed Lot 2 in an approved but unregistered subdivision of Lot A in DP 403609 and Lot 202 in DP 1126065), subject to the conditions of consent in Annexure A. Catchwords: DEVELOPMENT APPEAL – demolition – dwelling house – pool – secondary dwelling – conciliation conference – agreement between the parties – orders Legislation Cited: Environmental Planning and Assessment Act 1979, ss 4.15, 4.16, 8.7 Environmental Planning and Assessment Regulation 2021, s 38 Land and Environment Court Act 1979, ss 34, 34AA State Environmental Planning Policy (Biodiversity and Conservation) 2021, Ch 2 State Environmental Planning Policy (Building Sustainability Index: BASIX) 2004 State Environmental Planning Policy (Resilience and Hazards) 2021, ss 2.11, 2.12, 2.13, 4.6, Ch 2 Warringah Local Environmental Plan 2011 Texts Cited: Warringah Development Control Plan 2011 Category: Principal judgment Parties: Benjamin James Humel (Applicant) Northern Beaches Council (Respondent) Representation: Counsel: M Staunton (Applicant) J Simpson (Solicitor) (Respondent) Solicitors: WMW Lawyers (Applicant) Northern Beaches Council (Respondent) File Number(s): 2023/168804 Publication restriction: No