Malnic v Northern Beaches Council [2016] NSWLEC 1353

Land and Environment Court New South Wales

Medium Neutral Citation: Malnic v Northern Beaches Council [2016] NSWLEC 1353 Hearing dates: 4 and 5 May 2016, 8 June 2016 Date of orders: 24 August 2016 Decision date: 24 August 2016 Jurisdiction: Class 1 Before: Smithson C Decision: 1. The appeal is upheld. 2. DA 2015/0556 for a 3 lot subdivision at 145-147 Booralie Road, Duffys Forest is approved subject to the conditions in Annexure A. 3. The exhibits, except Exhibits A, C, E, M and 2, are returned. Catchwords: DEVELOPMENT APPLICATION – subdivision; environmental impacts; ecological impacts; threatened ecological communities (TECs), ecologically endangered communities (EECs); vulnerable species, Coastal Upland Swamp; Tetratheca glandulosa; Pimelea curviflora; Pseudophryne australis (Red-crowned toadlet); EPBC considerations; conservation reserve, s88B instrument; s88B covenants; bushfire risk; public interest; contested conditions of approval Legislation Cited: Environmental Planning and Assessment Act 1979 Environmental Planning and Assessment Regulation 2000 Land and Environment Court Act 1979 Threatened Species Conservation Act 1995 Environment Protection and Biodiversity Conservation Act 1999 Water Management Act 2000 Rural Fires Act 1997 Conveyancing Act 1919 Warringah Local Environmental Plan 2011 Cases Cited: Project Venture Management Pty Ltd v Warringah Shire Council & Anor [2006] NSWLEC754 Category: Principal judgment Parties: Julian and Diane Malnic (Applicants) Northern Beaches Council (Respondent) Representation: Counsel: Mr T Howard (Applicant)