D L Newport Pty Ltd v Northern Beaches Council [2017] NSWLEC 1661

Land and Environment Court New South Wales

Medium Neutral Citation: D L Newport Pty Ltd v Northern Beaches Council [2017] NSWLEC 1661 Hearing dates: 30 November , 1 December 2016, 23, 24 February, 13 March 2017, 15 May 2017, 13 June 2017 (further submissions) Date of orders: 21 November 2017 Decision date: 21 November 2017 Jurisdiction: Class 1 Before: Dixon C Decision: The appeal is dismissed and the exhibits are returned Catchwords: MODIFICATION – of a development application to relocate the driveway and vehicular access into a higher hazard flood area – does the relocated driveway present an unacceptable risk to life - jurisdiction – does the owners' consent relied upon by the applicant satisfy the requirements of cl 115 (1) (h) of the Environmental Planning and Assessment Regulations 2000 – whether the development after modification is substantially the same as the original consent Legislation Cited: Corporations Act 2001 Environmental Planning and Assessment Act 1979 Environmental Planning and Assessment Regulation 1979 Local Government Act 1993 Pittwater Local Environmental Plan 2012 Cases Cited: Botany Bay City Council v Minister for Planning and Infrastructure & Ors [2015] NSWLEC 12 Moorebank Recyclers Pty Ltd v Liverpool Council [2009] NSWLEC 100 Moto Projects (No 2) Pty Ltd v North Sydney Council (1999) 106 LGERA 298 Mulyan Pty Ltd v Cowra Shire Council and Anor [1999] NSWLEC 212; (1999) 105 LGERA 26 North Sydney Council v Michael Standley & Associates Pty Ltd (1998) 43 NSWLR 468 Scrap Realty Pty Ltd v Botany Bay City Council [2008] NSWLEC 333; (2008) 166 LGERA 342 Sydney City Council v Ilenace Pty Ltd [1984] 3 NSWLR 414 Sydney City Council v Ipoh Pty Ltd (2006) 68 NSWLR 411; 149 LGERA 329 Vacik Pty Ltd v Penrith City Council [1992] NSWLEC 8 Texts Cited: Newport Commercial Centre Master Plan 2007 Pittwater Development Control Plan 2012 Pittwater Development Control Plan 2015 Category: Principal judgment Parties: D L Newport Pty Ltd (Applicant) Northern Beaches Council (Respondent) Representation: Counsel: Mr N Eastman (Applicant) Mr A Stafford (Respondent)