Whitfield & McLenaghan v Northern Beaches Council [2023] NSWLEC 1795

Land and Environment Court New South Wales

Medium Neutral Citation: Whitfield & McLenaghan v Northern Beaches Council [2023] NSWLEC 1795 Hearing dates: 3, 11 August, 14 November 2023 Date of orders: 22 December 2023 Decision date: 22 December 2023 Jurisdiction: Class 1 Before: Byrne AC Decision: The Court orders and makes directions as follows: (1) The Appeal is upheld; (2) Direct the Applicants to file and serve on the Respondent the following Amended Plans within 21 days of judgment: (a) Site Analysis Plan drawing, DA.01, Rev: F – Revise Drawings Boundary Control (b) Proposed West Elevation Sheet 1, DA.11, Rev: F – Revise Drawings Boundary Control (3) Direct the Respondent to prepare and serve on the Applicants the following within 28 days of judgment: (a) Conditions of Consent for DA2022/0409 that reflect my reasons below; (b) Orders in accordance with the LEC Template, for an appeal on changes to the approved conditions of consent – Ex A and Ex B; (4) Direct that the parties file final agreed conditions of consent and orders in accordance with (3)(a) and (3)(b) above following which final orders will be made in chambers; (5) List the matter for on line Court at 12pm, 1 February 2024, to be vacated if direction (4) above has been satisfied. Catchwords: DEVELOPMENT APPEAL – conditions – whether privacy screens required – dwelling house – visual privacy to neighbouring dwellings – application of DCP Legislation Cited: Environmental Planning and Assessment Act 1979, ss 4.15, 2.16, 4.17, 4.55, 8.7 Land and Environment Court Act 1979, ss 17, 34, 38, 39 Pittwater Local Environmental Plan 2014 Cases Cited: Deancliff Developments v Hornsby Shire Council (2005) 141 LGERA 362, [2005] NSWCA 271 Zhang v Canterbury City Council (2001) 51 NSWLR 889 Texts Cited: Pittwater 21 Development Control Plan Category: Principal judgment Parties: Vivienne Whitfield (First Applicant) Anthony McLenaghan (Second Applicant) Northern Beaches Council (Respondent) Representation: Counsel: V Whitfield (Self Represented) (First and Second Applicant) H Grace (Barrister) (Respondent)