NSW Caselaw
Land and Environment Court New South Wales
Medium Neutral Citation: Julian Malnic & anor v Northern Beaches Council [2017] NSWLEC 1761 Hearing dates: 22 May 2017 Date of orders: 09 June 2017 Decision date: 09 June 2017 Jurisdiction: Class 1 Before: Smithson C Decision: 1. The appeal is dismissed 2. Modification application to amend conditions of development consent 2015/0556 associated with the subdivision at 145-147 Booralie Road, Duffys Forest is refused. 3. The Exhibits, except Exhibits A, B, C, D and 2, are returned. Catchwords: MODIFICATION APPLICATION – conditions on subdivision; restriction on dogs and horses; environmental impacts Legislation Cited: Environmental Planning and Assessment Act 1979 Environmental Planning and Assessment Regulation 2000 Land and Environment Court Act 1979 Warringah Local Environmental Plan 2011 Cases Cited: Malnic v Northern Beaches Council [2016] NSWLEC 1353 Project Venture Management Pty Ltd v Warringah Shire Council & Anor [2006] NSWLEC754 Andre & anor v Northern Beaches Council [2016] NSWLEC 1478 Category: Principal judgment Parties: Julian Malnic (First Applicant) Diane Malnic (Second Applicant) Northern Beaches Council (Respondent) Representation: Counsel: Mr T Howard (Applicant)
Solicitors: Mr T Sattler, Sattler & Associates (Applicant) Mr S Patterson, Wilshire Webb Staunton Beattie Lawyers (Respondent) File Number(s): 2016/383520 Publication restriction: No
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