Zoro Developments Pty Ltd v Northern Beaches Council [2023] NSWLEC 1566

Land and Environment Court New South Wales

Medium Neutral Citation: Zoro Developments Pty Ltd v Northern Beaches Council [2023] NSWLEC 1566 Hearing dates: 18 September 2023 Date of orders: 27 September 2023 Decision date: 27 September 2023 Jurisdiction: Class 1 Before: Gray C Decision: The Court orders that: (1) The appeal is upheld. (2) The development consent DA127/06 for the construction of a new detached dwelling with double car hard stand, inclinator and landscaping works at 67 Seaforth Crescent, Seaforth, is modified in the terms in Annexure A. (3) Development consent DA127/06 as modified by the Court, is Annexure B. (4) Exhibits 4 and 6 are returned, the remaining exhibits are retained. Catchwords: APPEAL – modification application – scope of modification confined over the course of the appeal proceedings – parties agree contentions have been resolved Legislation Cited: Environmental Planning and Assessment Act 1979, ss 4.15, 4.55, 8.9 Environmental Planning and Assessment Regulation 2021, s 100 Land and Environment Court Act 1979, s 34AA Manly Local Environmental Plan 2013 Cases Cited: Zoro Developments Pty Ltd v Northern Beaches Council [2020] NSWLEC 1349 Texts Cited: Building Code of Australia Manly Development Control Plan 2013 National Construction Code Category: Principal judgment Parties: Zoro Developments Pty Ltd (Applicant) Northern Beaches Council (Respondent) Representation: Counsel: M Parrino (Solicitor) (Applicant) S Patterson (Solicitor) (Respondent)