Northern Beaches Council v Northern Beaches Council (at the control and direction of the Sydney North Planning Panel) [2024] NSWLEC 1816

Land and Environment Court New South Wales

Medium Neutral Citation: Northern Beaches Council v Northern Beaches Council (at the control and direction of the Sydney North Planning Panel) [2024] NSWLEC 1816 Hearing dates: Conciliation conference on 25 November 2024; s 34 agreement received 13 December 2024 Date of orders: 18 December 2024 Decision date: 18 December 2024 Jurisdiction: Class 1 Before: Dixon SC Decision: The Court orders: (1) The applicant is to pay the second respondent's costs thrown away by the amendment of the development application pursuant to s 8.15(3) of the Environmental Planning and Assessment Act 1979, as agreed or assessed. (2) The appeal is upheld. (3) Development Application DA2021/2173 for alterations and additions to the Newport Surf Life Saving Club building with an extension to the northern side and coastal protection works in the form of a buried seawall along the length of the building at 394 and 394A Barrenjoey Road, Newport (Lot 7039 DP 1050730, Lot 23 of Section 6 in DP6248, Barrenjoey Road reserve adjacent to Lot 23 of Section 6 in DP 6248, Lot 24 of Section 6 in DP 6248, Lot 1 DP 1139445, Lot 7094 DP 1059297, and Lot 7327 in DP 1164236) is determined by the grant of development consent subject to the conditions in Annexure A. (4) The first respondent is directed to register the development consent on the NSW planning portal in accordance with s 4.20(1) of the Environmental Planning and Assessment Act 1979 within 14 days of the date of these orders. Catchwords: APPEAL – development application – alterations and additions to the Newport Surf Life Saving Club – conciliation conference – agreement between the parties – orders Legislation Cited: Biodiversity Conservation Act 2016 Coastal Management Act 2016, ss 5, 8, 9, 27 Environmental Planning and Assessment Act 1979, ss 4.15, 4.20, 8.2, 8.7, 8.15 Land and Environment Court Act 1979, s 34 Biodiversity Conservation Regulation 2017 Environmental Planning and Assessment Regulation 2000, cll 49, 55 Pittwater Local Environmental Plan 2014, cll 2.7, 4.3, 5.10, 5.21, 7.1, 7.2, 7.10; Sch 5 State Environmental Planning Policy (Resilience and Hazards) 2021, ss 2.10, 2.11, 2.12, 2.16; Ch 4, s 4.6 State Environmental Planning Policy (Transport and Infrastructure) 2021, s 2.119 Category: Principal judgment Parties: Northern Beaches Council (Applicant) Northern Beaches Council (at the control and direction of the Sydney North Planning Panel) (First Respondent) Sydney North Planning Panel (Second Respondent) Representation: Counsel: R White (Applicant) Submitting appearance (First Respondent) M Staunton / L Nurpuri (Second Respondent)