Berge De Sarkissan v Northern Beaches Council [2022] NSWLEC 1311

Berge De Sarkissan v Northern Beaches Council [2022] NSWLEC 1311

The Court, satisfied under s 34(3) LEC Act that all relevant statutory and planning considerations were properly addressed and met, and having reached agreement between the parties following conciliation, upheld the appeal and granted consent to the amended development application, subject to conditions.

Jurisdiction
Australia
Judgment Date
17 June 2022
Procedural Posture
Appeal / Final Orders After Conciliation
Outcome
Appeal upheld; development consent granted subject to conditions.
Legal Topics
['development Application' 'conciliation Conference' 'residential Dwelling' 'consent Authority' 'amended Plans']
['planning and Environment'] ['development Application' 'conciliation Conference' 'residential Dwelling' 'consent Authority' 'amended Plans']

Case Brief

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Procedural Posture

Appeal / Final Orders After Conciliation

Legal Issues

  1. 1 ['Whether consent should be granted to Development Application DA2021/1140 for demolition and construction of a dwelling' 'Whether amended plans and agreement satisfy planning requirements and statutory tests']

Ratio Decidendi

The Court, satisfied under s 34(3) LEC Act that all relevant statutory and planning considerations were properly addressed and met, and having reached agreement between the parties following conciliation, upheld the appeal and granted consent to the amended development application, subject to conditions.

Court Disposition

Appeal upheld; development consent granted subject to conditions.

Orders

  • ['The appeal is upheld.' 'Consent is granted to Development Application DA2021/1140 for the demolition of the existing dwelling house and construction of a new dwelling house at 72 Carrington Parade, Curl Curl (Lot 1 DP 366860), subject to conditions including deferred commencement condition A1 contained in Annexure...