McDougall v Northern Beaches Council [2024] NSWLEC 1533

Land and Environment Court New South Wales

Medium Neutral Citation: McDougall v Northern Beaches Council [2024] NSWLEC 1533 Hearing dates: Conciliation Conference on 22 July 2024 Date of orders: 30 August 2024 Decision date: 30 August 2024 Jurisdiction: Class 1 Before: Byrne AC Decision: The Court orders that: (1) The appeal is upheld. (2) Development Application DA2022/2207 for the demolition of existing structures and construction of a dwelling house with swimming pool at Lot A, DP 358783, known as 30 Abernethy Street, Seaforth NSW 2092, is determined by the grant of development consent subject to conditions in Annexure A. Catchwords: DEVELOPMENT APPEAL – demolition and construction new dwelling house and pool – steep land – conciliation conference – agreement between the parties – orders Legislation Cited: Environmental Planning and Assessment Act 1979, ss 4.15, 4.16, 8.7 Land and Environment Court Act 1979, ss 34, 34AA, 3.9 Roads Act 1993, s 138 Environmental Planning and Assessment Regulation 2021, s 23 Manly Local Environmental Plan 2013, cll 2.7, 4.3, 4.6, 6.2, 6.4, 6.8, 8.8 State Environmental Planning Policy (Resilience and Hazards) 2021, ss 2.10, 2.11, 2.12, 2.13, 4.6 Cases Cited: Sydney City Council v Claude Neon Ltd (1989) 15 NSWLR 724; (1989) 67 LGRA 181 Texts Cited: Northern Beach Community Participation Plan 2019 Category: Principal judgment Parties: Adam Scott McDougall (Applicant) Northern Beaches Council (Respondent) Representation: Counsel: J Farrell (Applicant) S Patterson (solicitor) (Respondent)