Adams v Northern Beaches Council [2023] NSWLEC 1705

Land and Environment Court New South Wales

Medium Neutral Citation: Adams v Northern Beaches Council [2023] NSWLEC 1705 Hearing dates: Conciliation conference on 29 August, 9 and 24 October 2023 Date of orders: 23 November 2023 Decision date: 23 November 2023 Jurisdiction: Class 1 Before: Targett AC Decision: The Court orders that: (1) Pursuant to s 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 Court allowing the applicant to file the Amended Development Application as agreed or assessed. (2) The updated written request made pursuant to cl 4.6 of the Manly Local Environmental Plan 2013, seeking to vary the floor space ratio development standard in cl 4.4 of the Manly Local Environmental Plan 2013 prepared by Anna Williams dated 5 October 2023, is upheld. (3) The appeal is upheld. (4) Development application No DA2022/0727, as amended, for alterations and additions to an existing semi-detached dwelling at 12 Clarence Street, Balgowlah, NSW, being Lot 1 in DP 445281, is determined by the grant of consent subject to conditions of consent in Annexure "A". (5) The applicant is required to file the plans and documents referred to in order (4) within 7 days of the date of this judgment. Catchwords: APPEAL – development application – conciliation conference – agreement between the parties – orders Legislation Cited: Environmental Planning and Assessment Act 1979, ss 8.7, 8.10, 8.14, 8.15 Environmental Planning and Assessment Regulation 2021, s 38 Land and Environment Court Act 1979, ss 17, 34 Manly Local Environmental Plan 2013 cll 4.4, 4.6, 6.2, 6.4, 6.12 State Environmental Planning Policy (Building Sustainability Index: BASIX) 2004 State Environmental Planning Policy (Resilience and Hazards) 2021, s 4.6 State Environmental Planning Policy (Transport and Infrastructure) 2021, s 2.48 Texts Cited: Manly Development Control Plan 2013 Category: Principal judgment Parties: Matthew Adams (Applicant) Northern Beaches Council (Respondent) Representation: Counsel: M Adams (Self-represented) (Applicant) J Simpson (Solicitor) (Respondent)