Baxter v Northern Beaches Council [2016] NSWLEC 1390

Land and Environment Court New South Wales

Medium Neutral Citation: Baxter v Northern Beaches Council [2016] NSWLEC 1390 Hearing dates: 27 June 2016 Date of orders: 06 September 2016 Decision date: 11 July 2016 Jurisdiction: Class 1 Before: Fakes C Decision: Appeal upheld - see [70] Catchwords: MODIFICATION APPLICATION: Residential subdivision; lot comprises two zones; boundary adjustment; water management; zone objectives; conditions Legislation Cited: Environmental Planning and Assessment Act 1979 Land and Environment Court Act 1979 Conveyancing Act 1919 Pittwater Local Environmental Plan 2014 Cases Cited: 1643 Pittwater Road Pty Ltd v Pittwater Council [2004] NSWLEC 685 King & ors v Bathurst Regional Council (2006) 150 LGERA 362 Newbury DC v Secretary of State for the Environment [1981] AC 578 Category: Principal judgment Parties: Thomas Baxter (Applicant) Northern Beaches Council (Respondent) Representation: Counsel: Applicant: Mr N Eastman Respondent: Ms J Reid

Solicitors: Applicant: Storey & Gough Respondent: King & Wood Mallesons File Number(s): 155894 of 2016

Judgment 1. COMMISSIONER: In June 2014 Development Application N0209/14 was lodged with Pittwater Council for a residential subdivision and associated civil works at 2 Fern Creek Road, Warriewood (the site). Before the DA was fully assessed by council, the applicant lodged an appeal against council's deemed refusal with the Land and Environment Court. Pursuant to s 34 of the Land and Environment Court Act 1979, the parties reached an agreement and the Court granted the orders sought by the parties. 2. Development consent N0209/14 for a 22 residential lot subdivision under Community Title, and associated civil works, was issued on 2 June 2015. A modification application under s96 of the Environmental Planning and Assessment Act 1979 (EPA Act) modifying a condition of consent concerning s 94 contributions has already been approved.