The Owners Strata Plan – No 4670 v Northern Beaches Council [2025] NSWLEC 1012

The Owners Strata Plan – No 4670 v Northern Beaches Council [2025] NSWLEC 1012

Having considered the parties' agreement, the evidence, relevant planning controls, submissions, and procedural fairness, the Court found no jurisdictional impediment and was bound under s 34(3) LEC Act to make orders granting consent in accordance with the parties’ agreement.

Source-derived case information.

Parties
Applicant: The Owners Strata Plan No 4670; Respondent: Northern Beaches Council
Jurisdiction
Australia
Judgment Date
16 January 2025
Procedural Posture
Development Appeal Class 1 / Judgment Following Conciliation Conference and Agreement Between Parties
Outcome
Appeal upheld, development consent granted, costs ordered against applicant
Legal Topics
Development Appeal, Conciliation Conference, Retaining Wall, Consent Orders
Planning and Environment Development Appeal Conciliation Conference Retaining Wall Consent Orders

Source-derived case record

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Parties

The Owners Strata Plan No 4670

Applicant

Northern Beaches Council

Respondent

Procedural Posture

Development Appeal Class 1 / Judgment Following Conciliation Conference and Agreement Between Parties

Legal Issues

  1. 1 Whether development consent should be granted for demolition and construction works including a retaining wall and drainage
  2. 2 Whether statutory jurisdictional prerequisites are satisfied

Ratio Decidendi

Having considered the parties' agreement, the evidence, relevant planning controls, submissions, and procedural fairness, the Court found no jurisdictional impediment and was bound under s 34(3) LEC Act to make orders granting consent in accordance with the parties’ agreement.

Court Disposition

Appeal upheld, development consent granted, costs ordered against applicant

Orders

  • The appeal is upheld.
  • Development Consent is granted to DA2023/1136 for demolition works and construction of a retaining wall and dividing fence at 28-30 Lauderdale Avenue, Fairlight NSW, being land identified as SP 4670, with ancillary drainage works on 17 and 19 Clifford Avenue, Fairlight NSW 2094, subject to conditions of consent at...