Kolenda v Northern Beaches Council [2021] NSWLEC 1052

Land and Environment Court New South Wales

Medium Neutral Citation: Kolenda v Northern Beaches Council [2021] NSWLEC 1052 Hearing dates: Conciliation conference on 21-22 January 2021 Date of orders: 01 February 2021 Decision date: 01 February 2021 Jurisdiction: Class 1 Before: Dickson C Decision: The Court orders: (1) The Applicant's written request pursuant to clause 4.6 of Manly Local Environmental Plan 2013 (MLEP) seeking to justify contravention of the height of buildings standard under clause 4.3 of MLEP, has been considered and the necessary opinion of satisfaction formed under clause 4.6(4) of MLEP. (2) The Applicant's written request pursuant to clause 4.6 of MLEP seeking to justify contravention of the Floor Space Ratio development standard under clause 4.4 of MLEP, has been considered and the necessary opinion of satisfaction formed under clause 4.6(4) of MLEP. (3) The appeal is upheld. (4) Development consent is granted to development application DA2019/1265 for alterations and additions to an existing dwelling at 15 Monash Crescent, Clontarf subject to the conditions in Annexure 'A'. Catchwords: DEVELOPMENT APPLICATION – alterations and additions to an existing dwelling – breach of height limit – breach of Floor Space control – amended plans – 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 No 55—Remediation of Land Sydney Regional Environmental Plan (Sydney Harbour Catchment) 2005 Category: Principal judgment Parties: Milena Kolenda (Applicant) Northern Beaches Council (Respondent) Representation: Counsel: I Hemmings SC (Applicant) S Patterson (Solicitor) (Respondent)