Pritchard v Northern Beaches Council [2020] NSWLEC 1310

Land and Environment Court New South Wales

Medium Neutral Citation: Pritchard v Northern Beaches Council [2020] NSWLEC 1310 Hearing dates: 19, 22 June 2020 Date of orders: 21 July 2020 Decision date: 21 July 2020 Jurisdiction: Class 1 Before: Gray C Decision: The Court orders that: (1) The appeal is dismissed. (2) The development application for alterations and additions to a dwelling at 11 Adelaide Street, Balgowlah Heights (DA2019/1303) is refused. (3) The exhibits are returned, except for Exhibit A. Catchwords: APPEAL – development application – alterations and additions to a dwelling house approved by a complying development certificate – whether a development application can be made with respect to a dwelling approved by a complying development certificate – breach of floor space ratio development standard – clause 4.6 of the local environmental plan – whether written request adequate Legislation Cited: Environmental Planning and Assessment Act 1979 Environmental Planning and Assessment Regulation 2000 Interpretation Act 1987 Land and Environment Court Act 1979 Manly Local Environmental Plan 2013 State Environmental Planning Policy (Exempt and Complying Development Codes) 2008 Cases Cited: Abrams v Council of the City of Sydney [2019] NSWLEC 1583 Baron Corporation Pty Limited v Council of the City of Sydney [2019] NSWLEC 61 Chambers v Maclean Shire Council (2003) 57 NSWLR 152; (2003) 126 LGERA 7; [2003] NSWCA 100 Dean v Minister for Planning and Andros Australia Pty Limited [2007] NSWLEC 779 Gejo Pty Ltd v Canterbury-Bankstown Council [2017] NSWLEC 1712 Gordon & Valich Pty Ltd v City of Sydney Council [2007] NSWLEC 780 Initial Action Pty Ltd v Woollahra Municipal Council (2018) 236 LGERA 256; [2018] NSWLEC 118 Pasminco Cockle Creek Smelter Pty Ltd (subject to Deed of Company Arrangement) v Minister for Planning [2018] NSWLEC 130 Progress and Securities Pty Ltd v North Sydney Municipal Council (1988) 66 LGRA 236 RebelMH Neutral Bay Pty Limited v North Sydney Council [2019] NSWCA 130 Waverley Council v C M Hairis Architects (2002) 100 LGERA 123; [2002] NSWLEC 180 Wehbe v Pittwater Council (2007) 156 LGERA 446; [2007] NSWLEC 827 Windy Dropdown Pty Ltd v Warringah Council (2000) 111 LGERA 299; [2000] NSWLEC 240 Category: Principal judgment Parties: John Pritchard (First Applicant) Leanne Pritchard (Second Applicant) Northern Beaches Council (Respondent) Representation: Counsel: M Staunton (Applicants) J Lazarus SC (Respondent)