NSW Caselaw
Land and Environment Court New South Wales
Medium Neutral Citation: Hornery v Northern Beaches Council [2024] NSWLEC 1815 Hearing dates: Conciliation conference held on 28 November 2024 Date of orders: 18 December 2024 Decision date: 18 December 2024 Jurisdiction: Class 1 Before: Porter C Decision: The Court orders: (1) The appeal is upheld. (2) Development Application No. DA2023/1469 for the alterations and additions to a dwelling house on land known as 955 Barrenjoey Road, Palm Beach (Lot 8 DP 545616), as amended, is determined by the grant of consent, subject to conditions at Annexure A. Catchwords: DEVELOPMENT APPEAL – alterations and additions – conciliation conference – agreement between the parties - orders Legislation Cited: Environmental Planning and Assessment Act 1979, ss 4.14, 8.7, Land and Environment Court Act 1979, ss 34, 34AA Pittwater Local Environmental Plan 2014, cll 2.3, 2.7, 4.3, 5.10, 7.7, 7.8, 7.10 Environmental Planning Policy (Sustainable Buildings) 2022 State Environmental Planning Policy (Resilience and Hazards) 2021, Ch 2, ss 2.4, 2.10, 2.11, 2.12, 2.13, 4.6 State Environmental Planning Policy (Transport and Infrastructure) 2021, ss 2.48, 2.119 Category: Principal judgment Parties: David Hornery (Applicant) Northern Beaches Council (Respondent) Representation: Counsel: C Shaw (Solicitor) (Applicant) M Domingo (Solicitor) (Respondent)
Solicitors: Shaw Reynolds Lawyers (Applicant) Northern Beaches Council (Respondent) File Number(s): 2024/232059 Publication restriction: Nil
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