Australia, Sept. 8 -- New South Wales Land and Environment Court issued text of the following judgement on Aug. 8:

1. COMMISSIONER: These Class 1 proceedings arise as a result of the deemed refusal, by Northern Beaches Council, of Development Application DA2024/1370. This application seeks consent for the demolition of existing structures and the removal of vegetation, and the construction of a new dwelling, studio and swimming pool, and landscaping works at 42 and 42A Cabarita Road, Avalon Beach, Lot 1 and 2 of DP 1227452.

2. These proceedings have been brought to the Court pursuant to s 8.7 of the Environmental Planning and Assessment Act 1979 (NSW) (EPA Act).

3. The Court arranged a conciliation conference and hearing under s34AA of the Land and Environment Court Act 1979 (NSW) (LEC Act) between the parties, which was held on 4 August 2025.

4. At the conciliation conference, the parties reached agreement as to acceptable terms of a decision in the proceedings, which involved the Court upholding the appeal and granting development consent to the development application subject to conditions. Subsequently, the matter concluded in conciliation and did not proceed to a hearing.

5. As part of this agreement, pursuant to s 38 of the Environmental Planning and Assessment Regulation 2021 (NSW) (EPA Regulation), the Council agreed to the applicant amending the development application to adequately address the Council's contentions.

6. Under s 34(3) of the LEC Act, I must dispose of the proceedings in accordance with the parties' decision if that decision is one that the Court could have made in the proper exercise of its functions. The parties' decision involves the Court exercising the function under s 4.16 of the EPA Act to grant consent to the development application. There are jurisdictional prerequisites that must be satisfied before this function can be exercised, which the parties identified and explained, and from this I note the following points.

*Rest of the document can be viewed at: (https://www.caselaw.nsw.gov.au/decision/1987dd036b210086317210b5)

Disclaimer: Curated by HT Syndication.