Hughes v Northern Beaches Council [2023] NSWLEC 1350

Land and Environment Court New South Wales

Medium Neutral Citation: Hughes v Northern Beaches Council [2023] NSWLEC 1350 Hearing dates: Conciliation conference on 13 June 2023 Date of orders: 06 July 2023 Decision date: 06 July 2023 Jurisdiction: Class 1 Before: Horton C Decision: The Court orders that: (1) The Applicant's written request prepared by Four Towns Planning dated 13 June 2023 pursuant to clause 4.6 of the Manly Local Environmental Plan 2013 (MLEP 2013) to vary the floor space ratio development standard in clause 4.4(2) of the MLEP 2013 is upheld. (2) The Applicant's written request prepared by Four Towns Planning dated 9 May 2023 pursuant to clause 4.6 of the MLEP 2013 to vary the minimum lot size development standard in clause 69(1)(b)(ii) of the State Environmental Planning Policy (Housing) 2021 is upheld. (3) The appeal is upheld. (4) Development Application No. DA2022/0596 for the demolition of existing structures and the erection of a mixed use development comprising Co-Living housing containing 10 private rooms above a shop and car parking in a part basement at 29 Dobroyd Road, Balgowlah Heights is determined by the grant of development consent subject to the conditions in Annexure A. Catchwords: DEVELOPMENT APPLICATION — mixed use development in E1 Local Centre zone – conciliation conference – agreement between parties - orders Legislation Cited: Environmental Planning and Assessment Act 1979, s 8.7 Environmental Planning and Assessment Regulation 2021, ss 23, 37 Land and Environment Court Act 1979, s 34 Manly Local Environmental Plan 2013, cll 4.3, 4.4, 4.6, 6.2, 6.4, 6.12 Standard Instrument (Local Environmental Plans) Amendment (Land Use Zones) Order 2021 State Environmental Planning Policy (Building Sustainability Index: BASIX) 2004 State Environmental Planning Policy (Housing) 2021, ss 3, 67, 68, 69, 70 State Environmental Planning Policy (Resilience and Hazards) 2021, s 4.6 State Environmental Planning Policy (Transport and Infrastructure) 2021, s 2.48 State Environmental Planning Policy Amendment (Land Use Zones) (No 3) 2022 Texts Cited: NSW Department of Planning, Apartment Design Guide, 2015 Category: Principal judgment Parties: Enda Hughes (Applicant) Northern Beaches Council (Respondent) Representation: Counsel: M Staunton (Applicant) C Rose (Solicitor) (Respondent)