Rama Architects Pty Ltd v Northern Beaches Council [2026] NSWLEC 1374
Before: Walsh C · NSW Land and Environment Court
Summary
APPEAL – development application – multi-level residence – steep site – whether owner’s consent should be granted for road reservation works – extent of excavation – character compatibility – plan inconsistencies and sufficiency of information
Catchwords
APPEAL – development application – multi-level residence – steep site – whether owner’s consent should be granted for road reservation works – extent of excavation – character compatibility – plan inconsistencies and sufficiency of information
Outcome
The Court orders that: (1) The Court, pursuant to s 39(2) of the Land and Environment Court Act 1979 (NSW): (a) Exercising the function of Northern Beaches Council as consent authority under s 38(1) of the Environmental Planning and Assessment Regulation 2021 (NSW) approves the application to amend development application DA2024/1619, made on 11 March 2026 to rely on the documents and plans identified as Exhibit B in the proceedings. (b) Exercising the function of Northern Beaches Council as the owner pursuant to s 7(4) and 145(3) of the Roads Act 1993 (NSW), grants owner’s consent for development application for DA2024/1619 in relation to those aspects of the proposed development located on Barrenjoey Road. (2) The Court directs that the parties give consideration to the Court's suggested additional inclusions to the otherwise agreed consent conditions filed on 31 March 2026, as indicated at pars [81]-[82], as a means of addressing the Court's findings with respect to documentation consistency and clarity. Should any practical concerns be seen with the suggested approach, submissions via Online Court, are to be provided by about 3 weeks from handing down date.
Legislation cited
Environmental Planning and Assessment Act 1979 (NSW), ss 4.15, 4.46, 4.47, 4.50, 8.7 Land and Environment Court Act 1979 (NSW), s 34AA, 39 Roads Act 1993 (NSW), ss 7, 138, 145, 149 Environmental Planning and Assessment Regulation 2021 (NSW), s 38 Pittwater Local Environmental Plan 2014, cll 2.7, 7.2, 7.6, 7.7, 7.10 State Environmental Planning Policy (Resilience and Hazards) 2021, s 4.6
Read the full judgment
Authoritative text on NSW Caselaw · ~59k words
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