Baxter v Northern Beaches Council [2024] NSWLEC 1811

Land and Environment Court New South Wales

Medium Neutral Citation: Baxter v Northern Beaches Council [2024] NSWLEC 1811 Hearing dates: Conciliation conference on 27 November 2024 Date of orders: 17 December 2024 Decision date: 17 December 2024 Jurisdiction: Class 1 Before: Coetzee AC Decision: The Court orders that: (1) The appeal is upheld. (2) Development consent is granted to Development Application DA2023/0121 for the subdivision of three existing lots into five new lots resulting in a residue lot and reconfiguration of a proposed detention basin, at 25B, 27 and 29 Dove Lane, Warriewood, legally described as Lot 102 in DP 1303366 and Lots 2 and 3 in DP 1272851, subject to the conditions of consent annexed hereto and marked Annexure A. Catchwords: DEVELOPMENT APPLICATION – subdivision, residue lot, agreement between parties – orders Legislation Cited: Conveyancing Act 1919, ss 88B Environmental Planning and Assessment Act 1979, ss 4.15, 4.16, 4.17, 8.7, 8.15, 8.16 Land and Environment Court Act 1979, ss 34, 39 Roads Act 1993, ss138 Water Management Act 2000, s 91 Pittwater Local Environmental Plan 2014, cll 2.3, 2.6, 2.7, 4.1, 6.1, 7.1, 7.2, 7.10 Environmental Planning and Assessment Regulation 2021, ss 23, 38, State Environmental Planning Policy (Transport and Infrastructure) 2021, ss 2.45, 2.48 State Environmental Planning Policy (Resilience and Hazards) 2021, s 4.6 Texts Cited: Northern Beaches Council Community Participation Plan 2019 Northern Beaches Council, Warriewood Valley Release Area Masterplan and Design Guideline, 2018 Northern Beaches Council, Warriewood Valley Urban Land Release Water Management Specification, February 2001 Category: Principal judgment Parties: Thomas Baxter (Applicant) Northern Beaches Council (Respondent) Representation: Counsel: J Farrell (Applicant) J Simpson (Solicitor) (Respondent)