Zabaleta v Northern Beaches Council [2024] NSWLEC 1278

Land and Environment Court New South Wales

Medium Neutral Citation: Zabaleta v Northern Beaches Council [2024] NSWLEC 1278 Hearing dates: Conciliation Conference on 23 April 2024 Date of orders: 28 May 2024 Decision date: 28 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 DA2022/1650 for alterations and additions to a dwelling house including swimming pool at 8 Baroona Road, Church Point NSW 2105, known as Lot A in DP 391997, subject to the conditions of consent in Annexure A. Catchwords: DEVELOPMENT APPEAL – alterations and additions to dwelling house – steep land – 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, ss 34, 34AA Environmental Planning and Assessment Regulation 2021, s 38 Pittwater Local Environmental Plan 2014, cll 2.3, 7.7 State Environmental Planning Policy (Building Sustainability Index: BASIX) 2004 State Environmental Planning Policy (Resilience and Hazards) 2021 State Environmental Planning Policy (Transport and Infrastructure) 2021 Texts Cited: Pittwater 21 Development Control Plan Category: Principal judgment Parties: Jose Maria Eduardo Zabaleta (First Applicant) Alison Partin (Second Applicant) Northern Beaches Council (Respondent) Representation: Counsel: C Morton (Solicitor) (Applicants) R O'Gorman-Hughes (Respondent)