Hall v Northern Beaches Council [2024] NSWLEC 1199

Land and Environment Court New South Wales

Medium Neutral Citation: Hall v Northern Beaches Council [2024] NSWLEC 1199 Hearing dates: Conciliation conferences 27-28 March 2024 Date of orders: 19 April 2024 Decision date: 19 April 2024 Jurisdiction: Class 1 Before: Porter C Decision: The Court orders: (1) The appeal is upheld. (2) Development consent is granted to DA2023/0894 for demolition of existing buildings, construction of a dwelling, driveway, swimming pool and landscaping at 18 Rock Bath Road, Palm Beach, NSW, 2108 and the adjoining road reserve, subject to the conditions contained in Annexure A. Catchwords: DEVELOPMENT APPLICATION – new dwelling - conciliation conference - agreement between the parties - orders Legislation Cited: Environmental Planning and Assessment Act 1979, ss 4.16, 8.7, Land and Environment Court Act 1979, ss 34, 34AA Roads Act 1993 Environmental Planning and Assessment Regulation 2021, s 38 Pittwater Local Environmental Plan 2014, cll 4.3,7.1, 7.5, 7.7, 7.8, 7.10 State Environmental Planning Policy (Building Sustainability Index: BASIX) 2004 Environmental Planning Policy (Sustainable Buildings) 2022, s 4.2 State Environmental Planning Policy (Resilience and Hazards) 2021, Ch 2 ss 2.10, 2.11, 2.12, 4.6 State Environmental Planning Policy (Transport and Infrastructure) 2021, s 2.48 Category: Principal judgment Parties: Bridget Elizabeth Hall (Applicant) Northern Beaches Council (Respondent) Representation: Counsel: M Astill (Applicant) A Gough (Solicitor) (Respondent)