The Owners Strata Plan – No 4670 v Northern Beaches Council [2025] NSWLEC 1012

Land and Environment Court New South Wales

Medium Neutral Citation: The Owners Strata Plan – No 4670 v Northern Beaches Council [2025] NSWLEC 1012 Hearing dates: Conciliation Conference 1 November 2024 (s 34 Agreement filed 22 November 2024) Date of orders: 16 January 2025 Decision date: 16 January 2025 Jurisdiction: Class 1 Before: Byrne AC Decision: The Court orders that: (1) The appeal is upheld. (2) Development Consent is granted to DA2023/1136 for demolition works and construction of a retaining wall and dividing fence at 28-30 Lauderdale Avenue, Fairlight NSW, 2094 being land identified as SP 4670, with ancillary drainage works on 17 and 19 Clifford Avenue, Fairlight NSW 2094 subject to conditions of consent at Annexure A. (3) The Applicant is pay the Respondent's costs thrown away in the sum of $1000, pursuant to s.8.15(3) of the Environmental Planning and Assessment Act 1979, within 28 days of the date of these orders. Catchwords: DEVELOPMENT APPEAL – conciliation conference – rebuild retaining wall – agreement between the parties - orders Legislation Cited: Environmental Planning and Assessment Act 1979, ss 4.16, 8.7 Land and Environment Court Act 1979, s 34 Environmental Planning and Assessment Regulation 2021, ss 23, 38 Manly Local Environmental Plan 2013, cl 23 Category: Principal judgment Parties: The Owners Strata Plan No 4670 (Applicant) Northern Beaches Council (Respondent) Representation: Counsel: P Clarke (Solicitor) (Applicant) J Simpson (Solicitor) (Respondent)