Cassar v Northern Beaches Council [2024] NSWLEC 1171

Land and Environment Court New South Wales

Medium Neutral Citation: Cassar v Northern Beaches Council [2024] NSWLEC 1171 Hearing dates: 19 March 2024 Date of orders: 11 April 2024 Decision date: 11 April 2024 Jurisdiction: Class 1 Before: Horton C Decision: The Court orders that: (1) Pursuant to s 39(2) of the Land and Environment Court Act 1979, exercising the function of Northern Beaches Council as consent authority under s 113(4) of the Environmental Planning and Assessment Regulation 2021, approves the application for an amendment to modification application MOD2021/0983 made on 19 March 2024 to rely on the amended Plan of Management prepared by SJB dated 14 March 2024 (the amended modification application) and architectural plan DA04 prepared by RCA. (2) The Appeal is upheld. (3) Development Consent REV2021/0034 is modified in the terms in Annexure A. (4) Development Consent REV2021/0034 as modified by the Court is Annexure B. Catchwords: MODIFICATION APPLICATION — whether the development is substantially the same – acoustic impacts – traffic impacts – weight given to public submissions Legislation Cited: Environmental Planning and Assessment Act 1979, ss 4.15, 4.55, 8.2, 8.9 Land and Environment Court Act 1979, s 39 Environmental Planning and Assessment Regulation 2021, s 113 Pittwater Local Environmental Plan 2014, cl 2.2 Cases Cited: Arrange v Inner West Council [2019] NSWLEC 85 Bailey v Oberon Shire Council [2006] NSWLEC 815 Moto Projects (No 2) Pty Ltd v North Sydney Council (1999) 106 LGERA 298; [1999] NSWLEC 280 Texts Cited: Pittwater 21 Development Control Plan 2004 RMS Guide to Traffic Generating Development, October 2002 Category: Principal judgment Parties: Leslie Cassar (Applicant) Northern Beaches Council (Respondent) Representation: Counsel: J Smith (Applicant) C Gough (Solicitor) (Respondent)