Hetherington v Northern Beaches Council [2023] NSWLEC 1499

Hetherington v Northern Beaches Council [2023] NSWLEC 1499

The appeal is upheld and development consent granted because the parties’ agreement satisfies the requirements of the relevant statutory planning instruments and environmental assessments, and the jurisdictional prerequisites have been demonstrably met.

Parties
First Applicant: Scott Jarvis Hetherington; Second Applicant: Adele Lynette Hetherington; Respondent: Northern Beaches Council
Jurisdiction
Australia
Judgment Date
05 September 2023
Procedural Posture
Development Appeal / Final Judgment After Conciliation Conference
Outcome
Appeal upheld; development consent granted.
Legal Topics
Development Consent, Coastal Protection, Seawalls, Local Environmental Plans, State Environmental Planning Policies
Planning and Environment Law Development Consent Coastal Protection Seawalls Local Environmental Plans State Environmental Planning Policies

Case Brief

Summary, issues, holding and outcome

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Parties

Scott Jarvis Hetherington

First Applicant

Adele Lynette Hetherington

Second Applicant

Northern Beaches Council

Respondent

Procedural Posture

Development Appeal / Final Judgment After Conciliation Conference

Legal Issues

  1. 1 Whether development consent should be granted to DA 2022/0880 for construction of a new seawall, alterations to timber decking, and associated works within Crown Land below the mean high water mark.
  2. 2 Whether jurisdictional preconditions in the Environmental Planning and Assessment Act 1979, Pittwater Local Environmental Plan 2014, Coastal Management Act 2016, and State Environmental Planning Policy (Resilience and Hazards) 2021 are satisfied.

Ratio Decidendi

The appeal is upheld and development consent granted because the parties’ agreement satisfies the requirements of the relevant statutory planning instruments and environmental assessments, and the jurisdictional prerequisites have been demonstrably met.

Court Disposition

Appeal upheld; development consent granted.

Orders

  • The appeal is upheld.
  • Development Consent is granted to DA 2022/0880 for the construction of a new seawall within the Crown Land below the mean high water mark, alterations to the existing timber decking to the boatshed including part demolition/reduction in area of the decking and boatshed skid, and provision of associated filling and...