NSW Caselaw
Land and Environment Court New South Wales
Medium Neutral Citation: Manly Golf Club Limited v Northern Beaches Council [2023] NSWLEC 1215 Hearing dates: Conciliation conference on 17 March, 6 April, 14 April 2023 Date of orders: 05 May 2023 Decision date: 05 May 2023 Jurisdiction: Class 1 Before: Washington AC Decision: The Court orders: 1) The Appeal is upheld. 2) The development control order issued by the Respondent to the Applicant on 4 October 2022 is modified pursuant to s 8.18(4)(b) of the Environmental Planning and Assessment Act 1979. The order, as modified, is set out in Annexure A. Catchwords: APPEAL – Development Control Order – Demolish Works Order – Restore Works Order – conciliation conference – agreement between the parties – Demolish works order modified – orders Legislation Cited: Coastal Management Act 2016 Environmental Planning and Assessment Act 1979, ss 8.18, 9.34, 9.35, Sch 5 Pt 1 Land and Environment Court Act 1979, s 34 Manly Local Environmental Plan 2013, cl 3.3 State Environmental Planning Policy (Exempt and Complying Development Codes) 2008, Pt 2, Div 1, Subdiv 15 Category: Principal judgment Parties: Manly Golf Club Limited trading as Manly Golf Club (Applicant) Northern Beaches Council (Respondent) Representation: Counsel: L Sims (Applicant) J Simpson (Solicitor) (Respondent)
Solicitors: Walker Hedges & Co (Applicant) Northern Beaches Council (Respondent) File Number(s): 2022/336130 Publication restriction: No
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