Heyworth v Northern Beaches Council [2024] NSWLEC 1081

Land and Environment Court New South Wales

Medium Neutral Citation: Heyworth v Northern Beaches Council [2024] NSWLEC 1081 Hearing dates: Conciliation conference on 1 February 2024 Date of orders: 28 February 2024 Decision date: 28 February 2024 Jurisdiction: Class 1 Before: Washington AC Decision: The Court orders: (1) The Applicant is to pay the Respondent's costs thrown away pursuant to s 8.15(3) of the Environmental Planning and Assessment Act 1979 in the agreed sum of $1,000 within 28 days of these orders. (2) The appeal is upheld. (3) Development Application DA-2023/0607 for Torrens Title subdivision of two lots into three, demolition of existing structures and construction of a new dwelling on each resultant lot at 173-175 Whale Beach Road, Whale Beach, is determined by the grant of consent subject to conditions contained in Annexure 'A'. Catchwords: DEVELOPMENT APPLICATION – conciliation conference – Torrens title subdivision and construction of 3 dwellings –agreement between the parties – orders Legislation Cited: Environmental Planning and Assessment Act 1979, ss 4.16, 8.7, 8.15 Land and Environment Court Act 1979, s 34 Environmental Planning and Assessment Regulation 2021, s 38 Pittwater Local Environmental Plan 2014, cll 4.1, 4.3, 4.6, 7.1, 7.2, 7.5, 7.6, 7.7, 7.8 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 2.10, 2.11, 2.12, 2.13, 4.6 Category: Principal judgment Parties: Peter Heyworth (Applicant) Northern Beaches Council (Respondent) Representation: Counsel: M Sonter (Solicitor) (Applicant) M Domingo (Solicitor) (Respondent)