Manly Developments 2016 Pty Ltd v Northern Beaches Council [2021] NSWLEC 1008

Land and Environment Court New South Wales

Medium Neutral Citation: Manly Developments 2016 Pty Ltd v Northern Beaches Council [2021] NSWLEC 1008 Hearing dates: 28 and 29 October, written submissions 9 and 27 November, 1 December 2020 Date of orders: 8 January 2021 Decision date: 15 February 2021 Jurisdiction: Class 1 Before: Clay AC Decision: The Court makes the following orders: (1) The appeal is upheld. (2) Development consent is granted to development application number DA2018/1761 for Demolition of the existing residential flat building containing three (3) apartments and construction of a new residential flat building containing four (4) apartments, basement parking and strata subdivision at 24 Aitken Avenue Queenscliff subject to the conditions in Annexure A. (3) The exhibits are returned other than exhibits A and 2. Catchwords: DEVELOPMENT APPLICATION – residential flat building – existing use rights – bulk and scale – stormwater – privacy – excavation - contentions largely resolved – resident submissions – conditions in dispute Legislation Cited: Environmental Planning and Assessment Act 1979 Environmental Planning and Assessment Regulation 2000 Warringah Local Environmental Plan 2011 Cases Cited: Council of the City of Parramatta v Brickworks Limited (1972) 128 CLR 1 Ingham Enterprises Pty Ltd v Kira Holdings Pty Ltd (1996) 90 LGERA 68 Saffioti v Kiama Municipal Council [2019] NSWLEC 57 Texts Cited: Warringah Development Control Plan 2011 Water Management for Development Policy Category: Principal judgment Parties: Manly Developments 2016 Pty Ltd (Applicant) Northern Beaches Council (Respondent) Representation: Counsel: P Tomasetti SC (Applicant) S Patterson (Solicitor) (Respondent)