Hunter v Northern Beaches Council [2021] NSWLEC 1093

Land and Environment Court New South Wales

Medium Neutral Citation: Hunter v Northern Beaches Council [2021] NSWLEC 1093 Hearing dates: Conciliation conference on 9 February 2021 Date of orders: 24 February 2021 Decision date: 24 February 2021 Jurisdiction: Class 1 Before: O'Neill C Decision: The Orders of the Court are: (1) The applicant is granted leave to amend the application to rely on the Biodiversity Assessment Report dated 8 February 2021. (2) The appeal is upheld. (3) Modification Application No. MOD2019/0639 to modify Development Consent 2018/2027 for alterations and additions to an existing dwelling house at 15 Addison Road, Manly, to allow for the construction of a sandstone wall and lift and the addition of external doors to the existing boatshed, by deleting Condition 8 and amending Condition 18 of the Development Consent, is approved, subject to the consolidated conditions of consent at Annexure A. Catchwords: MODIFICATION APPLICATION – deletion and amendment of conditions of consent – conciliation conference – agreement between the parties Legislation Cited: Biodiversity Conservation Act 2016 Environmental Planning and Assessment Act 1979 Land and Environment Court Act 1979 Manly Local Environmental Plan 2013 State Environmental Planning Policy (Coastal Management) 2018 Sydney Regional Environmental Plan (Sydney Harbour Catchment) 2005 Category: Principal judgment Parties: Michael Hunter (First Applicant) Susanne Hunter (Second Applicant) Northern Beaches Council (Respondent) Representation: Counsel: J Smith (Applicants) C Gough (Solicitor) (Respondent)