[2026] NSWLEC 1382Class 1 — merit appealadministrative

Henry Fraser Pty Ltd v Northern Beaches Council

June 30th, 2026 · before Targett C · file 2025/330426

Outcome

Appeal upheld; development consent modified by consent order following conciliation conference.

Henry Fraser Pty Ltd appealed against a condition imposed on development consent DA 2024/0944 granted by the Court in June 2025. The parties reached agreement at conciliation, and the Court upheld the appeal and modified the consent in the agreed terms.

For practice: This is a routine conciliation outcome. It demonstrates that modification applications under section 4.55 of the Environmental Planning and Assessment Act can be resolved by negotiation between applicant and consent authority, with the Court then formalising the agreed variations by order. No new legal principle emerges.

Catchwords · verbatim

A PPEAL – modification application – modification of condition imposed on the grant of consent – conciliation conference – agreement between the parties – orders

Decision · verbatim

The Court orders that: (1) The appeal is upheld. (2) Development Consent DA 2024/0944 granted by the Land and Environment Court on 11 June 2025 by Henry Fraser Pty Ltd v Northern Beaches Council [2025] NSWLEC 1411 is modified in the terms in Annexure A. (3) Development Consent DA2024/0944 granted by the Land and Environment Court on 11 June 2025 by Henry Fraser Pty Ltd v Northern Beaches Council [2025] NSWLEC 1411 as modified by the Court is at Annexure B.

Legislation cited

Environmental Planning and Assessment Act 1979 (NSW) , ss 4.15, 4.55
Land and Environment Court Act 1979 (NSW), ss 17, 34
Environmental Planning and Assessment Regulation 2021 (NSW), s 113

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