Monahan & Anor v Warringah Council [2014] NSWLEC 1027

Land and Environment Court New South Wales

Medium Neutral Citation: Monahan & Anor v Warringah Council [2014] NSWLEC 1027 Hearing dates: 18 February 2014 Decision date: 21 February 2014 Jurisdiction: Class 1 Before: Morris C Decision: Appeal dismissed Catchwords: Modification of development consent: secondary dwelling, compliance with controls contained within DCP Legislation Cited: State Environmental Planning Policy (Affordable Rental Housing) 2009 Warringah Local Environmental Plan 2011 Land and Environment Court Act 1979 Environmental Planning and Assessment Act 1979 Cases Cited: Zhang v Canterbury City Council (2001) 115 LGERA 373 Texts Cited: Warringah Development Control Plan 2011 Category: Principal judgment Parties: Karen M Monahan Gordon A Monahan (Applicants)

Warringah Council (Respondent) Representation: Mr R Bennett Pikes and Verekers Lawyers (Applicant)

Mr K Webber Wilshire Webb Staunton Beattie Lawyers (Respondent) File Number(s): 10935 of 2013

Judgment 1The Monahans lodged Development Application DA2013/0256 with Warringah Council seeking consent for construction of alterations and additions to an existing dwelling house and a secondary dwelling above the existing garage. Consent was granted for the alterations and additions to the dwelling house only and a condition imposed that has the effect of refusing the secondary dwelling. 2An application to modify the development consent to delete condition 9, that being the condition that deleted the secondary dwelling from the approved plans, was lodged with the council on 26 July 2013 and subsequently refused on 19 November 2013. The Monahans are appealing that decision.