Australia, July 28 -- New South Wales Land and Environment Court issued text of the following judgement on June 27:
1. These proceedings arise following an appeal pursuant to s 8.7 of the Environmental Planning and Assessment Act 1979 (EPA Act) against Northern Beaches Council's refusal of development application DA2024/0199, which sought consent for alterations and additions to the existing building and its use as two specialised retail premises at 42 Balgowlah Road, Balgowlah (Lot 2 in DP 530316) (site).
2. The Site is generally regular in shape with a frontage of 34.14m along Quirk Road and a secondary frontage of 50.595m along Quirk Road. The Site has a surveyed area of 1725m squre and accommodates an existing one and two-storey commercial building.
3. The Court arranged a conciliation conference under s 34(1) of the Land and Environment Court Act 1979 (LEC Act) between the parties, which was first held on 9 April and 26 June 2025.
4. After the preparation of amended plans and documents by the applicant the parties now propose resolution of the proceedings in accordance with the terms outlined in their executed s 34 written agreement dated 9 May 2025 (Agreement).
5. Under s 34(3) of the LEC Act, I must dispose of the proceedings in accordance with the parties' signed agreement if the Court could have made that decision in the proper exercise of its functions. The decision involves the Court exercising the functions under s 4.16 of the EPA Act to grant consent to the DA.
6. The pre-conditions that must be satisfied before the Court can exercise its functions are identified in a written submission by the parties.
7. After a consideration of the submission I am satisfied on the basis of the evidence before me that the agreement of the parties is a decision that the Court could have made in the proper exercise of its functions for the following reasons.
*Rest of the document can be viewed at: (https://www.caselaw.nsw.gov.au/decision/197aa69742b9b375ff2282a5)
Disclaimer: Curated by HT Syndication.
