White v Northern Beaches Council [2026] NSWLEC 1709
Before: Washington C · NSW Land and Environment Court
Summary
DEVELOPMENT APPLICATION – alterations and additions to a dwelling house – conciliation conference – agreement between the parties – orders
Catchwords
DEVELOPMENT APPLICATION – alterations and additions to a dwelling house – conciliation conference – agreement between the parties – orders
Outcome
The Court orders: (1) The appeal is upheld. (2) Development application DA2026/0135 for alterations and upper-level addition to an existing dwelling and the installation of a swimming pool, at premises known as 83 Fairlight Street, Fairlight, Lot B DP 176654, is determined by the grant of consent subject to the conditions set out in Annexure A.
Legislation cited
Environmental Planning and Assessment Act 1979 (NSW), ss 4.16, 8.7 Land and Environment Court Act 1979 (NSW), s 34 Environmental Planning and Assessment Regulation 2021 (NSW), s 38 Manly Local Environmental Plan 2013, cll 4.3, 4.4, 4.6, 6.1, 6.2, 6.4, 6.12 State Environmental Planning Policy (Biodiversity and Conservation) 2021, Ch 6, Pt 6.2, Div 2 State Environmental Planning Policy (Planning Systems) 2021, s 2.48 State Environmental Planning Policy (Resilience and Hazards), s 4.6 State Environmental Planning Policy (Sustainable Buildings) 2022
Read the full judgment
Authoritative text on NSW Caselaw · ~11k words
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