Bushell v Northern Beaches Council [2022] NSWLEC 1397

Land and Environment Court New South Wales

Medium Neutral Citation: Bushell v Northern Beaches Council [2022] NSWLEC 1397 Hearing dates: Conciliation conference on 18 and 19 July 2022 Date of orders: 3 August 2022 Decision date: 03 August 2022 Jurisdiction: Class 1 Before: Chilcott C Decision: The Court orders that: (1) The Applicant is granted leave to rely on the documents described in Annexure 'A'. (2) The appeal is upheld. (3) Approval is granted to Modification Application no. MOD2021/1009 to modify development consent no. DA2020/0211 granted by the Respondent on 15 September 2020 at 82-84 Bower Street, Manly (Lot 5/DP 8075) subject to the conditions at Annexure 'B' to this agreement. (4) As a consequence of Order (3) above, Development Application No. 2020/0211 granted by the Respondent on 15 September 2020 is now in the form of Annexure 'C'. Catchwords: DEVELOPMENT APPLICATION – conciliation conference – agreement between the parties – orders. Legislation Cited: Environmental Planning and Assessment Act 1979, ss 4.15, 4.55, 8.9, div 4.8 Environmental Planning and Assessment Regulation 2000, cl 77 Land and Environment Court Act 1979, s 34 Manly Local Environmental Plan 2012, cl 1.2 Texts Cited: Land and Environment Court of NSW, COVID-19 Pandemic Arrangements Policy (April 2021) Manly Development Control Plan 2013 Northern Beaches Council, Northern Beaches Community Participation Plan (2019) Category: Principal judgment Parties: Michael Bushell (Applicant) Northern Beaches Council (Respondent) Representation: Counsel: J Reid (Applicant) L Nupuri (Respondent)