Jun v Northern Beaches Council [2020] NSWLEC 1483

Land and Environment Court New South Wales

Medium Neutral Citation: Jun v Northern Beaches Council [2020] NSWLEC 1483 Hearing dates: 2 June 2020 Date of orders: 12 October 2020 Decision date: 12 October 2020 Jurisdiction: Class 1 Before: Dixon SC Decision: The Court orders that: (1) Leave is granted to the applicant to rely upon the amended plans and supplementary documents referred to in Condition 1(a) of Annexure A. (2) The applicant's written request under cl 4.6 of the Manly Local Environmental Plan 2013 (MLEP), prepared by Boston Blyth Fleming Town Planners dated 28 April 2020 seeking a variation of the development standard for height under cl 4.3 of the MLEP, is upheld. (3) The applicant's written request under cl 4.6 of the Manly Local Environmental Plan 2013 (MLEP), prepared by Boston Blyth Fleming Town Planners dated 28 April 2020 seeking a variation of the development standard for floor space ratio under cl 4.4 of the MLEP, is upheld. (4) The appeal is upheld. (5) Development consent is granted to DA2017/1300 for the demolition of the existing structure and construction of a new dwelling house at 61 Cutler Road, Clontarf NSW 2093 subject to the conditions in Annexure A. (6) The exhibits are returned except for A, B and C (Tabs 1, 4-5 and 31-34). Catchwords: DEVELOPMENT APPLICATION – demolition and construction of a three-storey dwelling house – proposed development contravenes the height of buildings and floor space ratio development standards – consideration of applicant's written requests made pursuant to clause 4.6 of the Manly Local Environmental Plan 2013 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 No 55 – Remediation of Land Cases Cited: Initial Action Pty Ltd v Woollahra Municipal Council (2018) 236 LGERA 256; [2018] NSWLEC 118 Tenacity Consulting v Warringah (2004) 134 LGERA 23; [2004] NSWLEC 140 Texts Cited: Manly Development Control Plan 2013 Category: Principal judgment Parties: Jessica Hee Jin Jun (Applicant) Northern Beaches Council (Respondent) Representation: J Hones (Solicitor) (Applicant) S Patterson (Solicitor) (Respondent)