Manly Vale Developments No 2 Pty Limited v Northern Beaches Council [2022] NSWLEC 1060

Land and Environment Court New South Wales

Medium Neutral Citation: Manly Vale Developments No 2 Pty Limited v Northern Beaches Council [2022] NSWLEC 1060 Hearing dates: Conciliation conference held on 22 December 2021 and 27 January 2022 Date of orders: 11 February 2022 Decision date: 11 February 2022 Jurisdiction: Class 1 Before: Morris AC Decision: The Orders of the Court are: (1) The updated written request made pursuant to clause 4.6 of Warringah Local Environmental Plan 2011 (WLEP), seeking to vary the height of buildings development standard in clause 4.3 of WLEP, prepared by Boston Blyth Fleming dated 24 January 2022, is upheld. (2) The Appeal is upheld. (3) Pursuant to s 8.15(3) of the Environmental Planning and Assessment Act 1979 the Applicant is to pay the costs of the Respondent that are thrown away as a result of the Court allowing the Applicant to file the Amended Development Application, in the amount of $3,500. (4) Development Application DA2020/0824 for demolition of existing buildings and construction of a four storey shop top housing development at 321-331 Condamine Street, Manly Vale is approved subject to the conditions in Annexure A to this agreement. Catchwords: DEVELOPMENT APPLICATION – shop-top housing – conciliation conference – agreement between the parties Legislation Cited: Environmental Planning and Assessment Act 1979, s 4.15, 4.16, 7.4, 8.7 Environmental Planning and Assessment Regulation 2000, cl 50 Land and Environment Court Act 1979, s 34 Roads Act 1993, ss 138, 37 State Environmental Planning Policy Infrastructure 2007, cll 45, 101, 102 State Environmental Planning Policy No 55 – Remediation of Land, cl 7 State Environmental Planning Policy No 65 - Design Quality of Residential Apartment Development Warringah Local Environmental Plan 2011, cl 4.3, 4.6, 6.2, 6.4, 7.2 Category: Principal judgment Parties: Manly Vale Developments No 2 Pty Limited (Applicant) Northern Beaches Council (Respondent) Representation: Counsel: M Staunton (Applicant) J Simpson, Solicitor (Respondent)