Para-ere Holdings Pty Ltd v Northern Beaches Council [2024] NSWLEC 1138

Land and Environment Court New South Wales

Medium Neutral Citation: Para-ere Holdings Pty Ltd v Northern Beaches Council [2024] NSWLEC 1138 Hearing dates: Conciliation conference on 1 February 2024 Date of orders: 28 March 2024 Decision date: 28 March 2024 Jurisdiction: Class 1 Before: O'Neill C Decision: The orders of the Court are: (1) The applicant is to pay the respondent's costs in the sum of $4,000, under s.8.15(3) of the Environmental Planning and Assessment Act 1979, within 28 days of the date of these Orders. (2) The appeal is upheld. (3) Development Application No. 2022/2256, as amended, for demolition works and construction of a mixed use development with basement car parking, on land legally described as Lot 100 in DP1009880 and known as 22 Raglan Street, Manly, NSW, 2095, is determined by the grant of development consent, subject to the conditions at Annexure A. Catchwords: DEVELOPMENT APPLICATION – mixed use development – conciliation conference – agreement between the parties – orders Legislation Cited: Environmental Planning and Assessment Act 1979, ss 8.7 Land and Environment Court Act 1979, s 34, 39 Environmental Planning and Assessment Regulation 2021, s 38 Manly Local Environmental Plan 2013, cll 4.3, 4.4, 4.6,5.4, 5.10, 5.21, 6.1, 6.2, 6.4, 6.9, 6.12 Sch 5 State Environmental Planning Policy (Biodiversity and Conservation) 2021, Ch 6 State Environmental Planning Policy (Housing) 2021 Ch 4 and Sch 7 State Environmental Planning Policy (Resilience and Hazards) 2021. s 4.6 State Environmental Planning Policy (Transport and Infrastructure) 2021 s 2.48 Cases Cited: Cumming v Cumberland Council (No 2) [2021] NSWLEC 117 Four2Five Pty Ltd v Ashfield Council [2015] NSWLEC 90 Initial Action Pty Ltd v Woollahra Municipal Council (2018) 236 LGERA 256; [2018] NSWLEC 118 RebelMH Neutral Bay Pty Limited v North Sydney Council [2019] NSWCA 130 Wehbe v Pittwater Council (2007) 156 LGERA 446; [2007] NSWLEC 827 Category: Principal judgment Parties: Para-ere Holdings Pty Ltd (Applicant) Northern Beaches Council (Respondent) Representation: Counsel: M Staunton (Applicant) J Simpson (Solicitor) (Respondent)