Starkey & Anor v Warringah Council [2015] NSWLEC 1261

Land and Environment Court New South Wales

Medium Neutral Citation: Starkey & Anor v Warringah Council [2015] NSWLEC 1261 Hearing dates: 29-30 June 2015 Decision date: 15 July 2015 Jurisdiction: Class 1 Before: Morris C Decision: Appeal dismissed Catchwords: DEVELOPMENT APPLICATION: swimming pool, streetscape, Legislation Cited: Environmental Planning and Assessment Act 1979; Land and Environment Court Act 1979; Warringah Local Environmental Plan 2011 Texts Cited: Warringah Development Control Plan Category: Principal judgment Parties: Carolyn Starkey Chris Dafel (Applicants)

Warringah Council (Respondent) Representation: Solicitors: Mr J Hones, Hones Lawyers (Applicants) Mr S Patterson, Wilshire Webb Staunton Beattie Lawyers (Respondent) File Number(s): 10307 of 2015

Judgment 1. Ms Starkey and Mr Dafel lodged Development Application DA2014/1149 with Warringah Council on 30 October 2014 seeking consent to install a swimming pool and carry out alterations to the front landscape including the construction of retaining walls at 104 Delmar Parade Dee Why. Council refused consent on 19 January 2015 and this appeal is lodged under the provisions of s97(1) of the Environmental Planning and Assessment Act 1979 (EP&AAct). 2. The main issues in the case are whether the impacts of the development are satisfactory in the streetscape and consistent with the council's planning controls. 3. The matter was heard under s34AA of the Land and Environment Court Act 1979 (LECAct) and commenced on site with a view. No agreement was reached during conciliation and the matter proceeded to a hearing. 4. The applicant did amend the plans as a result of discussions held during the conciliation phase and was granted leave to rely on those plans.