Hall v Northern Beaches Council [2025] NSWLEC 1111

Land and Environment Court New South Wales

Medium Neutral Citation: Hall v Northern Beaches Council [2025] NSWLEC 1111 Hearing dates: Conciliation conference held on 2 September 2024 and 5 December 2025 Date of orders: 25 February 2025 Decision date: 25 February 2025 Jurisdiction: Class 1 Before: Dixon SC Decision: Proceedings 2024/87513 The Court orders that: (1) The applicants' written request pursuant to clause 4.6 of Pittwater Local Environmental Plan 2014 (PLEP) seeking a variation of cl 7.8 Limited Development on Foreshore Area of the PLEP prepared by Vaughan Milligan Development Consulting Pty Limited dated November 2024 is upheld. (2) The appeal is upheld. (3) Development Application No DA2023/0830 for the use of existing structures on the roof area of an existing boat shed and the use of internal alterations to the existing boat shed at 38 McCarrs Creek Road, Church Point is determined by the grant of consent subject to the conditions in Annexure A. Proceedings 2024/87535 The Court orders that: (1) The appeal is upheld. (2) The applicant is directed to carry out the following works within 6 months of the Court Orders: (a) Demolish and remove the cabana structure erected above the boatshed, including the roof sheets, soffit, fascia, rafts and posts, as shown on the plan at Annexure A. (b) Demolish and remove the bench, sink and fridge located on the eastern side wall, and the cupboards located above from the interior of the boatshed (the Works). (c) The applicant is to, upon completion of the Works, notify the respondent of the completed works and permit access to officers of the respondent to conduct an inspection of the exterior and interior of the boatshed. (d) Within 7 days from the date the respondent is satisfied that the works have been completed in accordance with Order 2(b) above the respondent is directed, pursuant to s 8.25(3) of the Environmental Planning and Assessment Act 1979, to issue a Building Information Certificate with respect to the masonry wall on the northern side of the boatshed roof and for the internal works to create a bathroom and shower internal to the boatshed at the property located at 38 McCarrs Creek Road, Church Point, being Lot 1 in DP 209105. Catchwords: DEVELOPMENT APPLICATION – application seeking development consent for the use of internal alterations to the existing boat shed – conciliation conference – agreement between the parties – orders BUILDING INFORMATION CERTIFICATE – conciliation conference – agreement between the parties – orders Legislation Cited: Environmental Planning and Assessment Act 1979, ss 1.4, 4.14, 6.22, 6.23, 8.10, 8.25 Land and Environment Court Act 1979, s 34 Local Government Act 1993 Environmental Planning and Assessment Regulation 2021, ss 23, 38 Pittwater Local Environmental Plan 2014, cll 2.3, 4.3, 7.1, 7.2, 7.6, 7.7, 7.8 State Environmental Planning Policy (Resilience and Hazards) 2021, Chs 2, 4, ss 2.11, 2.12, 2.13 State Environmental Planning Policy (Transport and Infrastructure) 2021, Ch 2, s 2.48 Texts Cited: Pittwater Development Control Plan 2021 Category: Principal judgment Parties: Proceedings 2024/87513 Nicholas Hall (First Applicant) Therese Hall (Second Applicant) Northern Beaches Council (Respondent)