Olsson v Northern Beaches Council

Land and Environment Court

New South Wales

Medium Neutral Citation:

Olsson v Northern Beaches Council [2025] NSWLEC 1678

Hearing dates:

Conciliation on 09 September 2025

Date of orders:

19 September 2025

Decision date:

19 September 2025

Jurisdiction:

Class 1

Before:

Gray C

Decision:

The Court orders that:

(1) The appeal is upheld.

(2) Development Application DA2024/0715, as amended, for alterations and additions to a dwelling house including the addition of a swimming pool at 11 Taylor Street, North Curl Curl, is determined by the grant of consent subject to the conditions at Annexure A.

Catchwords:

APPEAL – development application – alterations and additions to an existing dwelling house – conciliation conference – agreement reached – orders made

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, 34AA

Environmental Planning and Assessment Regulation 2021 (NSW), ss 27, 37, 38

State Environmental Planning Policy (Resilience and Hazards) 2021, ss 2.10, 2.11, 4.6

State Environmental Planning Policy (Sustainable Buildings) 2022, s 2.1

State Environmental Planning Policy (Transport and Infrastructure) 2021, s 2.48

Warringah Local Environmental Plan 2011, cll 4.3, 4.4, 6.2, 6.4

Cases Cited:

McMillan v Taylor (2023) 111 NSWLR 634; [2023] NSWCA 183

Category:

Principal judgment

Parties:

Matthew Olsson (Applicant)
Northern Beaches Council (Respondent)

Representation:

Counsel:
L Nurpuri (Applicant)
B Lennox (Solicitor) (Respondent)

Solicitors:
Mills Oakley Lawyers (Applicant)
SG Law (Respondent)

File Number(s):

2025/149906

Publication restriction:

Nil

Judgment

1. COMMISSIONER: This appeal concerns a development application for alterations and additions to an existing dwelling house at 11 Taylor Street, North Curl Curl. The development application was refused by the Northern Beaches Local Planning Panel on 19 March 2025. The appeal is lodged pursuant to s 8.7 of the Environmental Planning and Assessment Act 1979 (NSW) (EPA Act). In exercising the functions of the consent authority on the appeal, the Court has the power to determine the development application pursuant to ss 4.15 and 4.16 of the EPA Act. The final orders in this appeal, outlined in [9] below, are made as a result of an agreement between the parties that was reached at a conciliation conference.

2. The Court was required to arrange a conciliation conference between the parties, pursuant to s 34AA(2)(a) of the Land and Environment Court Act 1979 (NSW) (LEC Act). The conciliation conference commenced on 9 September 2025. I presided over the conciliation conference.

3. At the conciliation conference, an agreement under s 34(3) of the LEC Act was reached between the parties as to the terms of a decision in the proceedings that was acceptable to the parties. The final signed agreement was filed the same date. The agreement follows the Council’s approval of an application for an amendment to a development application pursuant to ss 37 and 38 of the Environmental Planning and Assessment Regulation 2021 (NSW) (EPA Regulation 2021). The amendments to the design of the proposed development include reconfiguration of the internal layout of the ground floor, relocation of the swimming pool to…