Moore v Northern Beaches Council [2023] NSWLEC 1379

Land and Environment Court New South Wales

Medium Neutral Citation: Moore v Northern Beaches Council [2023] NSWLEC 1379 Hearing dates: 26 June 2023 Date of orders: 19 July 2023 Decision date: 19 July 2023 Jurisdiction: Class 1 Before: Walsh C Decision: The Court orders that: (1) The appeal is upheld. (2) Development consent is granted to Development Application No. DA2021/1991 for demolition works and construction of a dual occupancy development including strata subdivision at 12 Birkley Road, Manly being Lot 5 Sec 12 in DP 2428, subject to the conditions of consent in Annexure A. (3) The exhibits are returned with the exception of the following exhibits which are retained 1, A and B. Catchwords: DEVELOPMENT APPLICATION – dual occupancy – overshadowing solar panels – overshadowing – visual privacy – visual bulk – heritage impact – streetscape – view loss – tree removal Legislation Cited: Environmental Planning and Assessment Act 1979, ss 4.15, 8.7, 8.15 Environmental Planning and Assessment Regulation 2000, cl 55 Manly Local Environmental Plan 2013 Cases Cited: The Benevolent Society v Waverley Council [2010] NSWLEC 1082 Texts Cited: Manly Development Control Plan 2013 Category: Principal judgment Parties: Daniel Alexander Moore (First Applicant) Susan Margaret Moore (Second Applicant) Northern Beaches Council (Respondent) Representation: Counsel: M Staunton (Applicant) A Gough (Solicitor) (Respondent)