Andre v Northern Beaches Council

Land and Environment Court New South Wales Medium Neutral Citation: Andre & anor v Northern Beaches Council [2016] NSWLEC 1478 Hearing dates:4-5 August 2016; 31 August 2016Date of orders: 14 October 2016 Decision date: 12 September 2016 Jurisdiction:Class 1Before: Fakes C Decision: Appeal upheld – subject to conditions Catchwords: DEVELOPMENT APPLICATION: Dog obedience and agility training school; keeping of dogs on site; condition of consent for subdivision and restriction on user against the keeping of domestic animals; protection of fauna; trial period imposed Legislation Cited: Environmental Planning and Assessment Act 1979 Conveyancing Act 1919 Land and Environment Court Act 1979 Warringah Local Environmental Plan 2011 Cases Cited: BGP Properties Pty Ltd v Lake Macquarie Council [2004] NSWLEC 399 Goldin & Anor v Minister for Transport Administering the Ports Corporatisation and Waterways Management Act 1995 [2002] NSWLEC 75 Project Venture Pty Limited v Warringah Shire Council & Anor [2006] NSWLEC 754 Zhang v Canterbury City Council (2001) 115 LGERA 373 Category:Principal judgmentParties: Mark Andre (First Applicant) Kirsten Andre (Second Applicant) Northern Beaches Council (Respondent) Representation: Counsel: Applicant: Mr P Tomasetti SC Respondent: Mr R Lancaster SC   Solicitors: Applicant: Pikes & Verekers Lawyers Respondent: Wilshire Webb Staunton Beattie Lawyers File Number(s):158138 of 2016Judgment COMMISSIONER: The applicant appeals Northern Beaches Council’s deemed refusal of development application DA2015/0498 (the DA) for a dog obedience and agility training school at I Yanada Road, Duffy’s Forest (Lot 7 in DP 1132323) (the site). The DA seeks to modify item 6.2 from the existing s 88B instrument...