Boulos v Northern Beaches Council [2026] NSWLEC 1386
Before: Miller AC · NSW Land and Environment Court
Summary
This is an appeal pursuant to s 8.7 of the Environmental Planning and Assessment Act 1979 (NSW) (EPA Act) being an appeal against the refusal of Development Application No. DA/22/2024 for the demolition of existing structures, tree removal and construction of a two storey 92 place centre based child care facility with basement parking for 23 vehicles on land legally known as Lot 12 in DP13261 being 17 Tristram Road, Beacon Hill (site). Leave was granted by the Court to amend the application on 1
Catchwords
DEVELOPMENT APPLICATION — centre based child care facility with basement parking — conciliation conference — agreement between the parties — orders
Outcome
The Court orders: (1) The appeal is upheld. (2) Development Application No. DA2024//1134 for demolition works and construction of a centre-based child care facility for 76 children with 19 onsite car parking spaces at 17 Tristam Road, Beacon Hill (Lot 12 in DP 13261) as amended, is determined by the grant of consent subject to conditions contained in Annexure ‘A’.
Legislation cited
Environmental Planning and Assessment Act 1979 (NSW) ss 4.15, 4.16, 8.7 Land and Environment Court Act 1979 (NSW), s 34 Environmental Planning and Assessment Regulation 2021 (NSW), s 23 State Environmental Planning Policy (Resilience and Hazards) 2021, s 4.6 State Environmental Planning Policy (Transport and Infrastructure) 2021, s 2.48, Ch 3, ss 3.22, 3.25 Warringah Local Environmental Plan 2011, cll 2.3, 4.3, 4.4, 6.2, 6.4
Read the full judgment
Authoritative text on NSW Caselaw · ~10k words
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