Joyce v Northern Beaches Council [2022] NSWLEC 1445

Land and Environment Court New South Wales

Medium Neutral Citation: Joyce v Northern Beaches Council [2022] NSWLEC 1445 Hearing dates: Conciliation conference on 4-5 August 2022 Date of orders: 24 August 2022 Decision date: 24 August 2022 Jurisdiction: Class 1 Before: Adam AC Decision: The Court orders: (1) The appeal is upheld. (2) Development consent is granted to development application no. DA2021/1408 for the demolition works and construction of a dwelling house including a boatshed at 16 Addison Road, Manly NSW 2095, subject to the conditions of consent in Annexure A. Catchwords: APPEAL – development application – dwelling house- conciliation conference – agreement between the parties – orders made Legislation Cited: Biodiversity Conservation Act 2016, ss 7.2, 7.3, 7.7, 7.16 Biodiversity Conservation Regulation 2017, cl 3.3, Pt 3 Div 3.2 Environmental Planning and Assessment Act 1979, ss 4.15, 4.16, 8.7 Environmental Planning and Assessment Regulation 2000, cl 55 Land and Environment Court Act 1979, ss 34, 34AA Manly Local Environmental Plan 2013, cll 4.3, 4.4, 6.3, 6.5, 6.9, 6.10 Threatened Species Conservation Act 1995 (repealed) State Environmental Planning Policy (Biodiversity and Conservation) 2021, Ch 10, s 10.14 State Environmental Planning Policy (Resilience and Hazards) 2021, Ch 2, ss 2.12, 2.13, Ch 4, s 4.6 State Environmental Planning Policy (Building Sustainability Index: BASIX) 2004 Cases Cited: Tenacity Consulting Pty Ltd v Warringah Council (2004) 134 LGERA 23; [2004] NSWLEC 140 Texts Cited: Manly Development Control Plan 2013 Category: Principal judgment Parties: Patrick Adrian Joyce (Applicant) Northern Beaches Council (Respondent) Representation: Counsel: S Vatala (Solicitor) (Applicant) J Simpson (Solicitor) (Respondent)