Sun Property Northbridge Pty Ltd v Northern Beaches Council [2021] NSWLEC 1631

Land and Environment Court New South Wales

Medium Neutral Citation: Sun Property Northbridge Pty Ltd v Northern Beaches Council [2021] NSWLEC 1631 Hearing dates: 12-13 August, 13 September 2021 Date of orders: 26 October 2021 Decision date: 26 October 2021 Jurisdiction: Class 1 Before: Walsh C Decision: The Court orders that: (1) The Applicant is to pay the Respondent's costs thrown away in accordance with s 8.15(3) of the Environmental Planning and Assessment Act 1979, as agreed or assessed. (2) The written request seeking to justify the contravention of the height of buildings development standard at cl 4.3 of Manly Local Environmental Plan 2013, prepared by Boston Blyth Flemming and dated 27 August 2021, is upheld. (3) The appeal is upheld. (4) Development consent is granted to Development Application No. DA2019/0081 for certain demolition works and the construction of residential accommodation at 12 Boyle Street and 307 Sydney Road Balgowlah, subject to the conditions of consent in Annexure A. (5) The following exhibits are returned B, K, M, N, 1, 3-7, 9 and 10. Catchwords: DEVELOPMENT APPLICATION – multi dwelling housing – heritage impact – building height contravention – view loss – visual privacy – landscape – amenity – construction stage treatments Legislation Cited: Environmental Planning and Assessment Act 1979 Land and Environment Court Act 1979 Manly Local Environmental Plan 2013 Cases Cited: Tenacity Consulting v Warringah Council (2004) 134 LGERA 23; [2004] NSWLEC 140 Texts Cited: Land and Environment Court, COVID-19 Pandemic Arrangements Policy Manly Development Control Plan 2013 Category: Principal judgment Parties: Sun Property Northbridge Pty Ltd (Applicant) Northern Beaches Council (Respondent) Representation: Counsel: M Seymour (Applicant) S Patterson (Solicitor) (Respondent)