Hussar Pty Ltd v Northern Beaches Council; Sekulic v Northern Beaches Council [2018] NSWLEC 1393

Land and Environment Court New South Wales

Medium Neutral Citation: Hussar Pty Ltd v Northern Beaches Council; Sekulic v Northern Beaches Council [2018] NSWLEC 1393 Hearing dates: 14 June 2018 Date of orders: 01 August 2018 Decision date: 01 August 2018 Jurisdiction: Class 1 Before: Bish C Decision: The orders of the Court are: In proceedings No 2017/288107 (1) The appeal is dismissed. (2) The Exhibits, except Exhibits 1 and B are returned. In proceedings No 2018/168273 (3) The appeal is dismissed. (4) Modification Application, Mod2018/0114, relating to deletion of condition B13 of the Development Consent for Lot 2 DP 747319, known as 54 Kalang Road, Elanora Heights is refused. (5) The Exhibits, except Exhibits 1 and B are returned. Catchwords: ORDER and MODIFICATION APPLICATION: non-compliance of development consent; deletion of undergrounding of utility services condition; village streetscape; landscaping constraints. Legislation Cited: Environmental Planning and Assessment Act 1979 No. 203 Land and Environment Court Act 1979 Pittwater 21 Development Control Plan 2014 Pittwater Local Environment Plan 2014 Roads Act 1993 Cases Cited: Dragoneye Properties Pty Ltd v Northern Beaches Council [2016] NSWLEC 1555 Gadellen Pty Limited v Pittwater Council [2013] NSWLEC 1241 Texts Cited: Ausgrid Network Standard NS167 Positioning of Poles and Lighting Columns, Amendment No. 1, dated 19 June 2015 Category: Principal judgment Parties: Proceedings 2017/288107 Hussar Pty Ltd (Applicant) Northern Beaches Council (Respondent)