Byrne v Northern Beaches Council [2022] NSWLEC 1207

Land and Environment Court New South Wales

Medium Neutral Citation: Byrne v Northern Beaches Council [2022] NSWLEC 1207 Hearing dates: Conciliation Conference on 4 February 2022 and 18 March 2022 Date of orders: 21 April 2022 Decision date: 21 April 2022 Jurisdiction: Class 1 Before: Dickson C Decision: The Court orders that: (1) The appeal is upheld. (2) Development Application No. 2020/1733, for the demolition of existing structure(s) and construction of a 5 storey shop top housing development with basement carparking accessed from Condamine Street, four (4) ground level retail shops, with 12 residential apartments above, associated stormwater infrastructure and landscape works on land legally described as Lot A DP 336220, Lot 1 in DP 796788, Lot 1 in DP 318879, Lot 2 in DP 796788, known as 332-338 Sydney Road, Balgowlah is granted consent subject to the conditions at Annexure A. (3) Pursuant to s 8.15(3) of the Environmental Planning and Assessment Act 1979 the Applicant is to pay the Respondent's costs that are thrown away as a result of amending Development Application No. DA/2020/1733 in the amount of $5,000 payable within 28 days from the date of the Court making orders in accordance with this s 34 agreement. Catchwords: DEVELOPMENT APPLICATION: five storey shop top housing – amended plans – conciliation agreement – orders Legislation Cited: Architects Act 2003, cl 3 Contaminated Land Management Act 1997, Pt 3, Div 1 Environmental Planning and Assessment Act 1979, ss 4.15, 4.16, 8.7, 8.15 Environmental Planning and Assessment Regulation 2000, cll 3A, 50, 55 Land and Environment Court Act 1979, s 34 Manly Local Environmental Plan 2013, cll 4.3, 4.4, 4.6, 6.1, 6.4, 6.11, 6.12, 6.13, 6.16 Roads Act 1993, ss 138, 145 State Environmental Planning Policy (Building Sustainability Index: BASIX) 2004 State Environmental Planning Policy (Infrastructure) 2007, cll 2.119, 45 State Environmental Planning Policy No 55—Remediation of Land State Environmental Planning Policy No 65 – Design Quality of Residential Apartment Development, Sch 1, cl 28 State Environmental Planning Policy (Resilience and Hazards) 2021, cl 4.6 State Environmental Planning Policy (Transport and Infrastructure) 2021 Cases Cited: Wehbe v Pittwater Council (2007) 156 LGERA 446; [2007] NSWLEC 827 Texts Cited: Apartment Design Guide Category: Principal judgment Parties: Ted Byrne (Applicant) Northern Beaches Council (Respondent) Representation: Counsel: M Staunton (Applicant) J Simpson (Solicitor) (Respondent)