NSW Caselaw
Land and Environment Court New South Wales
Medium Neutral Citation: Davies v Northern Beaches Council [2024] NSWLEC 1086 Hearing dates: Conciliation Conference 12 February 2024 Date of orders: 29 February 2024 Decision date: 29 February 2024 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 DA2023/0186, for demolition of the existing dwelling house, subdivision of one lot into two lots and construction of one dwelling house on each allotment on land comprising Lot 2 in DP519674 located at 42 White Street, Balgowlah, NSW, subject to the conditions of consent at Annexure A. Catchwords: DEVELOPMENT APPEAL – subdivision into 2 lots – construct 2 new dwelling houses on each lot – conciliation conference – agreement between the parties - orders Legislation Cited: Environmental Planning and Assessment Act 1979, ss 4.15, 4.16, 8.7 Land and Environment Court Act 1979, ss 34, 34AA Environmental Planning and Assessment Regulation 2021 s 38 Manly Local Environmental Plan 2013, cll 2.3, 2.7, 4.1, 4.3, 4.4, 6.2, 6.4 Category: Principal judgment Parties: Sara Jane Davies (Applicant) Northern Beaches Council (Respondent) Representation: Counsel: J Farrell (Applicant) F Berglund (Respondent)
Solicitors: McKees Legal Solutions (Applicant) Northern Beaches Council (Respondent) File Number(s): 2023/213615 Publication restriction: No
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