Rowe v Northern Beaches Council [2020] NSWLEC 1430

Land and Environment Court New South Wales

Medium Neutral Citation: Rowe v Northern Beaches Council [2020] NSWLEC 1430 Hearing dates: Conciliation conference 3-4 September 2020 Date of orders: 16 September 2020 Decision date: 16 September 2020 Jurisdiction: Class 1 Before: Horton C Decision: The Court orders that: (1) The Applicant is granted leave to amend the development application to rely upon the amended architectural plans and landscape plans referred to in condition 1 of Annexure A. (2) The clause 4.6 written request to vary the floor space ratio development standard set out in clause 4.4 of Manly Local Environmental Plan 2013 prepared by Greg Boston dated 3 September 2020 is upheld. (3) The Appeal is upheld. (4) Development Application No. DA2018/1930 for alterations and additions and change of use to dual occupancy at 118 Bower Street, Manly is approved subject to the conditions in Annexure A. Catchwords: DEVELOPMENT APPLICATION – alterations and additions to dwelling house – conciliation conference – agreement between the parties – orders Legislation Cited: Environmental Planning and Assessment Act 1979 Environmental Planning and Assessment Regulation 2000 Land and Environment Court Act 1979 Manly Local Environmental Plan 2013 State Environmental Planning Policy (Building Sustainability Index: BASIX) 2004 State Environmental Planning Policy (Coastal Management) 2018 State Environmental Planning Policy (Infrastructure) 2007 Cases Cited: Tenacity Consulting v Warringah (2004) 134 LGERA 23; [2004] NSWLEC 140 Texts Cited: Land and Environment Court of New South Wales 'COVID-19 Pandemic Arrangements Policy' (July 2020) Manly Development Control Plan 2013 Amendment 11 Category: Principal judgment Parties: Jake Rowe (Applicant) Northern Beaches Council (Respondent) Representation: Counsel: M Staunton (Applicant) F Berglund (Respondent)