King v Northern Beaches Council [2024] NSWLEC 1260

Land and Environment Court New South Wales

Medium Neutral Citation: King v Northern Beaches Council [2024] NSWLEC 1260 Hearing dates: Conciliation Conference on 16 April 2024 Date of orders: 17 May 2024 Decision date: 17 May 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. DA2023/0678 for the construction of a garage and boatshed with a studio above at 5A Beach Road, Palm Beach NSW 2108, known as Lot 12 in DP 1275411, subject to conditions in Annexure A. Catchwords: DEVELOPMENT APPEAL – construction garage and boatshed – conciliation conference – agreement between the parties - orders Legislation Cited: Environmental Planning and Assessment Act 1979, s 4.16, 8.7 Land and Environment Court Act 1979, s 34 Pittwater Local Environmental Plan 2014, cl 2.3 Texts Cited: Northern Beaches Community Participation Plan Category: Principal judgment Parties: Vivian King (Applicant) Northern Beaches Council (Respondent) Representation: Counsel: R White (Applicant) M Domingo (Solicitor) (Respondent)

Solicitors: Mills Oakley Lawyers (Applicant) Northern Beaches Council (Respondent) File Number(s): 2023/275071 Publication restriction: Nil

Judgment 1. COMMISSIONER: This is a Class 1 Development Appeal pursuant to s 8.7(1) of the Environmental Planning and Assessment Act 1979 (EPA Act) against the refusal by the Northern Beaches Council (the Council) of DA2023/0678 (the Development Application) for the construction of a garage and boatshed with a studio above at 5A Beach Road, Palm Beach NSW 2108, known as Lot 12 DP1275411 (the Site). 2. The Court arranged a conciliation conference under s 34(1) of the Land and Environment Court Act 1979 (LEC Act) between the parties, which was held at Court as there were no objectors and the Court accepted the parties request that it was not necessary to go on Site. 3. At the conciliation conference, the parties had reached agreement as to the terms of a decision in the proceedings that would be acceptable to the parties and which addressed the Council's contentions. The agreed position is for the Court to uphold the Class 1 appeal and grant development consent to the construction of the boatshed and garage with studio above at the Site subject to conditions set out in Annexure A to this judgment. 4. Section 34(3) of the LEC Act requires me to dispose of the proceedings in accordance with the parties' decision if it is a decision that the Court could have made in the proper exercise of its functions. 5. There are jurisdictional prerequisites which require my satisfaction before the power to grant consent under s 4.16(1)(a) of the EPA Act can be exercised by the Court. The parties outlined jurisdictional matters of relevance in these proceedings in an agreed Jurisdictional Statement (the Statement) provided to the Court. The statutory planning controls relevant to the site and the proposed development are listed in the Council's Statement of Facts and Contentions.