Bell v Northern Beaches Council [2023] NSWLEC 1212

Land and Environment Court New South Wales

Medium Neutral Citation: Bell v Northern Beaches Council [2023] NSWLEC 1212 Hearing dates: 28 November 2022 Date of orders: 09 May 2023 Decision date: 09 May 2023 Jurisdiction: Class 1 Before: Sheridan AC Decision: The Court orders: (1) The Applicant is granted leave to rely on amended plans as set out in Condition 1 of Annexure A. (2) The appeal is upheld. (3) Development Application DA 2021/2590 for the construction of a single storey dwelling at 40 Pine Street Manly is approved, subject to the conditions in Annexure A. (4) All Exhibits are returned, with the exception of Exhibits A, D and 2. Catchwords: DEVELOPMENT CONSENT – proposed new single storey dwelling house – carparking – landscaping – undersized allotment – public interest Legislation Cited: Environmental Planning and Assessment Act 1979, ss 4.15, 8.7 Land and Environment Court Act 1979, s 34 Manly Local Environmental Plan 2013 State Environmental Planning Policy (Building Sustainability Index: BASIX) 2004 State Environmental Planning Policy (Biodiversity and Conservation) 2021, Ch 9, s 9.13 State Environmental Planning Policy (Resilience and Hazards) 2021 Cases Cited: Goarin v Manly Council [2014] NSWLEC 1108 Texts Cited: Manly Development Control Plan 2013 Northern Beaches Community Participation Plan 2019 Category: Principal judgment Parties: James Frederick Bell (Applicant) Northern Beaches Council (Respondent) Representation: Counsel: A Pickles SC (Applicant) F Berglund (Respondent)