Whitfield & McLenaghan v Northern Beaches Council (No 2) [2024] NSWLEC 1288

Land and Environment Court New South Wales

Medium Neutral Citation: Whitfield & McLenaghan v Northern Beaches Council (No 2) [2024] NSWLEC 1288 Hearing dates: 6 May 2024 Date of orders: 31 May 2024 Decision date: 31 May 2024 Jurisdiction: Class 1 Before: Byrne AC Decision: The Court orders that: (1) The Appeal is upheld; (2) Applicants granted leave to rely on the following plans: a. Site Analysis Plans drawing DA.01; Rev F dated 16 August 2023; b. Proposed West Elevation Sheet 1, DA.11, Rev F dated 16 August 2023; c. Proposed First Floor Plan DA.09, Rev F dated 16 August 2023; (3) Development consent is granted to development application No DA2022/0409 for alterations and additions to a dwelling at 79 Riverview Rd Avalon Beach NSW 2107, being Lot 21 DP 18005 subject to the conditions of consent in Annexure A. Catchwords: DEVELOPMENT APPEAL – procedural and final orders – self represented litigant – failure to disclose all plans at hearing – additional plan filed after hearing – slip rule not applicable - leave granted and final orders made Legislation Cited: Environmental Planning and Assessment Act 1979, ss 4.15, 4.16, 8.7 Land and Environment Court Act 1979, ss 17, 38 Cases Cited: Whitfield & McLenaghan v Northern Beaches Council [2023] NSWLEC 1795 Category: Principal judgment Parties: Vivienne Whitfield (First Applicant) Anthony McLenaghan (Second Applicant) Northern Beaches Council (Respondent) Representation: Counsel: V Whitfield (self-represented) (Applicants) H Grace (barrister) (Respondent)