[2026] NSWLEC 1374Class 1 — merit appealminor

Rama Architects Pty Ltd v Northern Beaches Council

June 25th, 2026 · before Walsh C · file 2025/380350

Outcome

Court approved the amended development application and granted owner's consent for the road reservation works, with directions to parties to consider suggested additional consent conditions.

Rama Architects sought approval to amend a development application for a multi-level residence on a steep site, including aspects requiring the Council's owner's consent for works on Barrenjoey Road. The Court approved the amended application and granted the necessary owner's consent, but directed the parties to address documentation consistency and clarity through additional consent conditions.

For practice: This decision illustrates the Court's willingness to grant development approval and owner's consent where applications are amended to address plan inconsistencies and information sufficiency, provided the development is otherwise approvable. Councils should ensure that where steep site development involves road reservation works, the necessary owner's consent pathway is clearly identified and supporting documentation is complete and consistent; the Court may impose conditions to address any remaining clarity issues.

Catchwords · verbatim

APPEAL – development application – multi-level residence – steep site – whether owner' s consent should be granted for road reservation works – extent of excavation – character compatibility – plan inconsistencies and sufficiency of information

Decision · verbatim

The Court orders that: (1) The Court, pursuant to s 39(2) of the Land and Environment Court Act 1979 (NSW): (a) Exercising the function of Northern Beaches Council as consent authority under s 38(1) of the Environmental Planning and Assessment Regulation 2021 (NSW) approves the application to amend development application DA2024/1619, made on 11 March 2026 to rely on the documents and plans identified as Exhibit B in the proceedings. (b) Exercising the function of Northern Beaches Council as the owner pursuant to s 7(4) and 145(3) of the Roads Act 1993 (NSW), grants owner ' s consent for development application for DA2024/1619 in relation to those aspects of the proposed development located on Barrenjoey Road. (2) The Court directs that the parties give consideration to the Court's suggested additional inclusions to the otherwise agreed consent conditions filed on 31 March 2026, as indicated at pars [81]-[82], as a means of addressing the Court's findings with respect to documentation consistency and clarity. Should any practical concerns be seen with the suggested approach, submissions via Online Court, are to be provided by about 3 weeks from handing down date .

Legislation cited

Environmental Planning and Assessment Act 1979 (NSW), ss 4.15, 4.46, 4.47, 4.50, 8.7
Land and Environment Court Act 1979 (NSW), s 34AA, 39
Roads Act 1993 (NSW), ss 7, 138, 145, 149
Environmental Planning and Assessment Regulation 2021 (NSW), s 38
Pittwater Local Environmental Plan 2014, cll 2.7, 7.2, 7.6, 7.7, 7.10
State Environmental Planning Policy (Resilience and Hazards) 2021, s 4.6

Unofficial plain-English summary of a published decision; first-instance decisions may be subject to appeal. Read the full judgment at NSW Caselaw · Source last checked July 17th, 2026