Frank Back v Northern Beaches Council [2017] NSWLEC 1311

Land and Environment Court New South Wales

Medium Neutral Citation: Frank Back v Northern Beaches Council [2017] NSWLEC 1311 Hearing dates: 24 May 2017 Date of orders: 22 June 2017 Decision date: 22 June 2017 Jurisdiction: Class 1 Before: Morris C Decision: Appeal upheld Catchwords: CONSENT ORDERS: residential flat building, impact on adjoining properties Legislation Cited: Environmental Planning and Assessment Act 1979 Manly Local Environmental Plan 2013 Texts Cited: Manly Development Control Plan 2013 Category: Principal judgment Parties: Frank Back as Administrator ad Litem for the Estate of the late George Tsivis (Applicant)

Northern Beaches Council (Respondent) Representation: Solicitors: Mr T Sattler Sattler & Associates (Applicant) Mr S Patterson Wilshire Webb Staunton Beattie (Respondent) File Number(s): 262161/2016

Judgment 1. Development application DA 61/2016 was lodged with the then Manly Council on 14 March 2016 seeking consent for demolition of an existing duplex and construction of a new four storey, three unit residential flat building with internal lift, three-car garage at ground level, landscaping and strata subdivision at 50 Collingwood Street, Manly. The Council refused consent on 21 July 2016 and the applicant is appealing that decision pursuant to the provisions of section 97(1)(a) of the Environmental Planning and Assessment Act 1979 (EP&AAct). 2. The contentions in the case have been resolved through the submission of amended plans or which leave was granted at the commencement of this hearing subject to the applicant paying the council's costs thrown away as agreed for assessed pursuant to section 97B(2) of the EP&AAct and it was agreed the changes made to the plans were not minor. The parties are seeking Consent Orders from the Court.