MacPherson v Northern Beaches Council [2022] NSWLEC 1424

Land and Environment Court New South Wales

Medium Neutral Citation: MacPherson v Northern Beaches Council [2022] NSWLEC 1424 Hearing dates: Conciliation conference on 5 July 2022 Date of orders: 11 August 2022 Decision date: 11 August 2022 Jurisdiction: Class 1 Before: Gray C Decision: The Court orders that: (1) The updated written request pursuant to clause 4.6 of Manly Local Environmental Plan 2013 (MLEP), seeking a variation to the minimum lot size development standard in cl 4.3 of MLEP, prepared by Greg Boston, dated 13 July 2022, is upheld. (2) The Appeal is upheld. (3) Development Consent is granted to Development Application DA2021/0521 for alterations and additions to a semi-detached dwelling at 111 Bower Street, Manly subject to the conditions in Annexure A. (4) The Applicant is to pay the Respondent's costs thrown away pursuant to section 8.15 (3) of the Environmental Planning and Assessment Act 1979 (NSW) in the amount of $3000 within 28 days of the orders being made by the Court. Catchwords: APPEAL – development application – grant of consent subject to conditions requiring changes to the design – conciliation conference – agreement reached – orders made Legislation Cited: Environmental Planning and Assessment Act 1979 , ss 4.15, 4.16, 8.7, 8.15 Environmental Planning and Assessment Regulation 2000, cl 55 Land and Environment Court Act 1979, s 34 Manly Local Environmental Plan 2013, cll 4.3, 4.6, 6.5, 6.9 State Environmental Planning Policy (Resilience and Hazards) 2021, s 4.6 Category: Principal judgment Parties: Alexander MacPherson (First Applicant) Kate Mansour (Second Applicant) Northern Beaches Council (Respondent) Representation: Counsel: M Staunton (Applicants) J Simpson (Respondent)