McGhee v Northern Beaches Council

Land and Environment Court

New South Wales

Medium Neutral Citation:

McGhee v Northern Beaches Council [2025] NSWLEC 1379

Hearing dates:

Conciliation Conference on 5 and 6 March 2025

Date of orders:

28 May 2025

Decision date:

28 May 2025

Jurisdiction:

Class 1

Before:

Byrne AC

Decision:

The Court orders that;

(1) The appeal is upheld;

(2) Modification application No MOD2024/0082 is approved;

(3) Development consent No DA2021/1734 is modified in the terms set out in Annexure A;

(4) Development consent No DA2021/1734, as modified by the Court, is subject to the consolidated modified conditions set out in Annexure B.

Catchwords:

APPEAL — MODIFICATION — dwelling house —conciliation conference — agreement reached — orders made

Legislation Cited:

Environmental Planning and Assessment Act 1979 (NSW), ss 4.15, 4.55, 4.56

Land and Environment Court Act 1979 (NSW), ss 34, 34AA

Environmental Planning and Assessment Regulation 2021, ss 38, 113

Warringah Local Environmental Plan 2011

Cases Cited:

McGhee v Northern Beaches Council [2023] NSWLEC 1405

SDHA Pty Ltd v Waverley Council [2015] NSWLEC 65

Category:

Principal judgment

Parties:

Thomas Michael David McGhee (First Applicant)
Carmen Maureen McGhee (Second Applicant)
Northern Beaches Council (Respondent)

Representation:

Counsel:
T McGhee (Self-represented) (Applicants)
C Gough (Solicitor) (Respondent)

Solicitors:
Nil (Applicant)
Storey and Gough (Respondent)

File Number(s):

2024/305139

Publication restriction:

Nil

JUDGMENT

1. COMMISSIONER: This is an appeal direct to the Court pursuant to s 4.55(8) of the Environmental Planning and Assessment Act 1979 NSW (EPA Act) for approval to modify development consent No DA2021/1734 (approved development) granted by the Court on 27 July 2023 in respect of land at 21 Headland Road, North Curl Curl, NSW 2099, identified as Lot 107 DP 6143 (the Site).

2. The approved development is for “demolition of existing dwelling and construction of a dwelling house and associated landscaping works at 21 Headland Road, Curl Curl” granted by the Court: McGhee v Northern Beaches Council [2023] NSWLEC 1405.

3. The applicants are appealing the following condition of consent imposed by Northern Beaches Council namely to amend Condition 13A which was approved by the Court as follows:

“The following amendments are to be made to the approved plans:

The ceiling height of the first floor shall not exceed RL 55.460;

The overall building height shall not exceed RL 56.618.”

4. The modification application No MOD2024/0082 proposes the following changes to the approved development:

1. Mirror reversing the building on the land;

2. Amend side setbacks of the first floor;

3. Increasing the roof ridge height;

4. Increasing the ceiling height.

5. The Court arranged a conciliation conference under s 34AA(2)(a) of the Land and Environment Court Act 1979 (LEC Act) between the parties, which was held on-Site.

6. At the Conciliation Conference the parties reached an agreement as to the terms of a decision in the proceedings that would be acceptable to the parties and which addressed the Council’s contentions. Council accordingly approved the amendment to the applicant’s modification application pursuant to s 113(1) of the Environmental Planning and Assessment Regulation 2021. The agreed position is for the Court to…