Steyne Hotel Freehold Pty Ltd v Northern Beaches Council [2022] NSWLEC 1509

Land and Environment Court New South Wales

Medium Neutral Citation: Steyne Hotel Freehold Pty Ltd v Northern Beaches Council [2022] NSWLEC 1509 Hearing dates: 6 September 2022 Date of orders: 20 September 2022 Decision date: 20 September 2022 Jurisdiction: Class 1 Before: O'Neill C Decision: The orders of the Court are: (1) The appeal is upheld. (2) Development Application No. 2021/2257 for alterations and additions to an existing hotel, including the construction of a shop top housing development and strata subdivision, at 75 The Corso, 41 North Steyne and 42 North Steyne, Manly, is determined by the grant of consent, subject to the conditions of consent at Annexure A. (3) The exhibits, other than 1 and A, are returned. Catchwords: DEVELOPMENT APPLICATION – alterations and additions to an existing hotel – construction of a four storey shop top housing development – heritage item – no contentions raised by the Respondent Legislation Cited: Environmental Planning and Assessment Act 1979, s 8.7 Environmental Planning and Assessment Regulation 2000, cl 55 Environmental Planning and Assessment Regulation 2021, Sch 6 cl 3 Land and Environment Court Act 1979 ss 34,39 Manly Local Environment Plan 2013, cll 4.3, 4.4, 4.6, 5.10, 5.21, 6.1, 6.4, 6.8, 6.9, 6.11, 6.13, 6.16, Sch 5 State Environmental Planning Policy (Infrastructure) 2007, cl 45 State Environmental Planning Policy (Resilience and Hazards) 2021 cll 2.10, 4.4, 4.6 State Environmental Planning Policy (Transport and Infrastructure) 2021, cl 2.48 Water Management Act 2000 Cases Cited: Cumming v Cumberland Council (No 2) [2021] NSWLEC 117 Four2Five Pty Ltd v Ashfield Council [2015] NSWLEC 90 Initial Action Pty Ltd v Woollahra Municipal Council (2018) 236 LGERA 256; [2018] NSWLEC 118 RebelMH Neutral Bay Pty Limited v North Sydney Council [2019] NSWCA 130 Wehbe v Pittwater Council (2007) 156 LGERA 446; [2007] NSWLEC 827 Category: Principal judgment Parties: Steyne Hotel Freehold Pty Ltd (Applicant) Northern Beaches Council (Respondent) Representation: Counsel: I Hemmings SC (Applicant) S Patterson (Solicitor) (Respondent)