Allen Group Developments Pty Ltd v Northern Beaches Council [2023] NSWLEC 1541

Land and Environment Court New South Wales

Medium Neutral Citation: Allen Group Developments Pty Ltd v Northern Beaches Council [2023] NSWLEC 1541 Hearing dates: Conciliation conference on 23 June 2023 and 25 August 2023 Date of orders: 20 September 2023 Decision date: 20 September 2023 Jurisdiction: Class 1 Before: Dickson C Decision: The Court orders that: (1) Pursuant to section 8.15(3) of the Environmental Planning and Assessment Act 1979 the Applicant is to pay the costs of the Respondent that are thrown away as a result of the Applicant filing the Amended Application, in the agreed amount of $10,000.00 within 28 days of these orders. (2) The request pursuant to clause 4.6 of the Manly Local Environmental Plan 2013 to vary the development standard for height contained within clause 4.3 thereof, as prepared by BBF Town Planners dated 28 August 2023, is upheld. (3) The request pursuant to clause 4.6 of the Manly Local Environmental Plan 2013 to vary the development standard for floor space ratio contained within clause 4.4 thereof, as prepared by BBF Town Planners dated 28 August 2023, is upheld. (4) The appeal is upheld. (5) Development consent is granted to Development Application No. DA2022/0688, which seeks consent for the demolition of existing structures and construction of a residential flat building and associated works at 33 and 35 Fairlight Street, Fairlight (Lot 8 & 9, Sec B DP 3742), subject to the conditions of consent in Annexure A. Catchwords: DEVELOPMENT APPLICATION – demolition and construction of a residential flat building – amended plans and documents – agreement between the parties – orders made Legislation Cited: Environmental Planning and Assessment Act 1979, ss 8.7, 8.15 Environmental Planning and Assessment Regulation 2021, ss 23, 37, Sch 7 Land and Environment Court Act 1979, s 34 Manly Local Environmental Plan 2013, cll 4.3, 4.6, 4.4, 5.10, 6.2, 6.4, 6.9, 6.12 State Environmental Planning Policy (Biodiversity and Conservation) 2021, s 6.65, Ch 10, s 10.10 State Environment Planning Policy (Building Sustainability Index: BASIX) 2004 State Environmental Planning Policy No 65 – Design Quality of Residential Apartment Development, cl 4 State Environmental Planning Policy (Resilience and Hazards) 2021, s 4.6 Cases Cited: Initial Action Pty Ltd v Woollahra Municipal Council (2018) 236 LGERA 256; [2018] NSWLEC 118 Neutral Bay Pty Ltd v North Sydney Council [2019] NSWCA 130 Texts Cited: Department of Planning and Environment, Apartment Design Guide, July 2015 Department of Planning, Industry and Environment, Planning Circular PS 20-002, 5 May 2020 Category: Principal judgment Parties: Allen Group Developments Pty Ltd (Applicant) Northern Beaches Council (Respondent) Representation: Counsel: A Adams (Solicitor) (Applicant) S Patterson (Solicitor) (Respondent)