Haralambis v Northern Beaches Council [2022] NSWLEC 1186

Haralambis v Northern Beaches Council [2022] NSWLEC 1186

The agreement between the parties for approval of the amended development application satisfies statutory requirements and the Court is satisfied that this is a decision the Court can properly make in the exercise of its functions.

Jurisdiction
Australia
Judgment Date
08 April 2022
Procedural Posture
Class 1 Appeal (development Application) / Judgment and Final Orders Following Conciliation Conference
Outcome
Appeal upheld; development consent granted to amended development application, subject to conditions.
Legal Topics
['development Application' 'demolition' 'subdivision' 'residential Construction' 'conciliation Orders']
['planning and Environment Law'] ['development Application' 'demolition' 'subdivision' 'residential Construction' 'conciliation Orders']

Case Brief

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Procedural Posture

Class 1 Appeal (development Application) / Judgment and Final Orders Following Conciliation Conference

Legal Issues

  1. 1 ['Whether the development application should be approved subject to conditions' 'Compliance with environmental planning instruments and legislation']

Ratio Decidendi

The agreement between the parties for approval of the amended development application satisfies statutory requirements and the Court is satisfied that this is a decision the Court can properly make in the exercise of its functions.

Court Disposition

Appeal upheld; development consent granted to amended development application, subject to conditions.

Orders

  • ['The appeal is upheld.' "Development consent is granted to DA2021/1719 in respect of property at 7 Ozone Street, Freshwater, comprising Lot 26 in Deposited Plan 6098, for demolition of all existing structures, subdivision into two lots and construction of two new dwelling houses with swimming pools, subject to the...