T & P Manly Land Pty Ltd v Northern Beaches Council [2024] NSWLEC 1446

Land and Environment Court New South Wales

Medium Neutral Citation: T & P Manly Land Pty Ltd v Northern Beaches Council [2024] NSWLEC 1446 Hearing dates: Conciliation Conference 11 April, 6, 21, 29 May, 14 June, 2 July 2024 Date of orders: 30 July 2024 Decision date: 30 July 2024 Jurisdiction: Class 1 Before: Byrne AC Decision: The Court orders that: (1) The appeal is upheld; (2) Development Application DA2023/0987 for the demolition of existing structures and construction of a shop top housing development comprising of ground floor retail premises, 24 residential apartments and two levels of basement carparking, associated infrastructure and landscaping at 35-43 Belgrave Street Manly, NSW 2095, is determined by a grant of consent subject to conditions contained in Annexure 'A'; (3) The Applicant is to pay the Respondent's costs thrown away as a result of the amendment in accordance with section 8.15(3) of the Environmental Planning and Assessment Act 1979 as agreed or assessed. Catchwords: DEVELOPMENT APPEAL – demolition existing shops and commercial buildings – construction shop top housing – conciliation conference – agreement between the parties - orders Legislation Cited: Environmental Planning and Assessment Act 1979, s 4.16, 8.7 Land and Environment Court Act 1979, s 34 Roads Act 1993, s 138 Water Management Act 2000, ss 90, 91 Manly Local Environmental Plan 2013, cll 4.3, 4.4, 4.6, 5.10, 5.21, 6.1, 6.2, 6.4, 6.9, 6.11, 6.12, 6.16 State Environmental Planning Policy (Biodiversity and Conservation) 2021 State Environmental Planning Policy (Housing) 2021 State Environmental Planning Policy (Resilience and Hazards) 2021 State Environmental Planning Policy (Sustainable Buildings) 2022 State Environmental Planning Policy (Transport and Infrastructure) 2021 Texts Cited: Manly Development Control Plan 2013 Category: Principal judgment Parties: T&P Manly Land Pty Ltd ABN 79662039483 (Applicant) Northern Beaches Council (Respondent) Representation: Counsel: M Sonter (solicitor) (Applicant) J Simpson (solicitor) (Respondent)