In the case of Haralambis v Northern Beaches Council [2022] NSWLEC 1186, the appellant, Aristidis Haralambis, appealed against the deemed refusal of Development Application No. DA2021/1719 by Northern Beaches Council. The development application sought consent for the demolition of existing structures, subdivision into lots, and construction of two new dwelling houses with swimming pools at in Freshwater.
The conciliation conference held on March 30, 2022, resulted in an agreement between the parties, upholding the appeal and approving the development application with specified conditions. The court, exercising its functions under the Environmental Planning and Assessment Act 1979, granted development consent based on the agreement reached during the conciliation conference. The decision considered various legislative provisions and planning policies, including the Environmental Planning and Assessment Act 1979, Environmental Planning and Assessment Regulation 2000, Land and Environment Court Act 1979, and Warringah Local Environmental Plan 2011.
The court noted that the development complied with relevant zoning, lot size, height, and environmental considerations, and it highlighted the parties’ agreement on amended plans. As a result, the court ordered the appeal to be upheld, granting development consent for the specified property and development activities.