Hackman v Northern Beaches Council [2022] NSWLEC 1640

Land and Environment Court New South Wales

Medium Neutral Citation: Hackman v Northern Beaches Council [2022] NSWLEC 1640 Hearing dates: Conciliation conference on 19 and 20 September 2022 Date of orders: 17 November 2022 Decision date: 17 November 2022 Jurisdiction: Class 1 Before: Harding AC Decision: The Court Orders that: (1) The Appeal is upheld. (2) Review Application No. REV2021/0026, for alterations and additions to a dwelling at 54 Francis Street, Manly, is determined by the grant of Development Consent, subject to the conditions set out in Annexure "A". Catchwords: DEVELOPMENT APPLICATION – alterations and additions to dwelling – conciliation conference – agreement between the parties – orders Legislation Cited: Environmental Planning and Assessment Act 1979, ss 4.15, 8.7 Land and Environment Court Act 1979, ss 34, 34AA Manly Local Environmental Plan 2013, cll 4.3, 4.6, 6.1, 6.2, 6.4, 6.8, 6.12 State Environmental Planning Policy (Building Sustainability Index: BASIX) 2004 State Environmental Planning Policy (Resilience and Hazards) 2021, ss 4.14,4.6 State Environmental Planning Policy (Infrastructure) 2007, cl 45 State Environmental Planning Policy (Transport and Infrastructure) 2021 s 2.48 Texts Cited: Manly Development Control Plan 2013 Category: Principal judgment Parties: Joeline and Gregory Hackman (Applicant) Northern Beaches Council (Respondent) Representation: Counsel: T Sattler (Solicitor)(Applicant) A Pearman (Respondent)