Reddall Street Pty Limited as Trustee for the Reddall Street Trust v Northern Beaches Council [2024] NSWLEC 1149

Land and Environment Court New South Wales

Medium Neutral Citation: Reddall Street Pty Limited as Trustee for the Reddall Street Trust v Northern Beaches Council [2024] NSWLEC 1149 Hearing dates: Conciliation conference on 16 February 2024 Date of orders: 28 March 2024 Decision date: 28 March 2024 Jurisdiction: Class 1 Before: Washington AC Decision: The Court orders: (1) The Applicant's clause 4.6 written request dated 5 March 2024 to vary the height of building standard at cl 4.3 of the Manly Local Environmental Plan 2013, is upheld. (2) Pursuant to s 8.15(3) of the Environmental Planning and Assessment Act 1979, the Applicant is to pay the Respondent's costs thrown away by the amendment of the development application in the agreed amount of $1,500.00. (3) The appeal is upheld. (4) Development consent is granted to development application DA2023/0299, as amended, for the demolition works, subdivision of three lots into five, construction of five new dwelling houses with swimming pools, associated landscaping and parking at 29, 31 and 35 Reddall Street, Manly, and tree removal on the adjacent reserve, subject to the conditions of consent at Annexure B. Catchwords: DEVELOPMENT APPLICATION – conciliation conference – subdivision – construction of dwelling houses – agreement between the parties – orders Legislation Cited: Biodiversity Conservation Act 2016, Pt 7 Environmental Planning and Assessment Act 1979, ss 4.16, 8.7 Land and Environment Court Act 1979, s 34 Environmental Planning and Assessment Regulation 2021, s 38 Manly Local Environmental Plan 2014, cll 4.1, 4.3, 4.4, 6.1, 6.2, 6.4, 6.5, 6.8, 6.9, 6.12 State Environmental Planning Policy (Building Sustainability Index) (BASIX) 2004 State Environmental Planning Policy (Resilience and Hazards) 2021, ss 2.11, 2.12, 4.6 State Environmental Planning Policy (Transport and Infrastructure) 2021, Ch 2, s 2.48 Texts Cited: Northern Beaches Community Participation Plan Category: Principal judgment Parties: Reddall Street Pty Limited as Trustee for the Reddall Street Trust (Applicant) Northern Beaches Council (Respondent) Representation: Counsel: S Simington (Solicitor) (Applicant) J Simpson (Solicitor) (Respondent)