Arnold v Northern Beaches Council [2019] NSWLEC 1260

Land and Environment Court New South Wales

Medium Neutral Citation: Arnold v Northern Beaches Council [2019] NSWLEC 1260 Hearing dates: Conciliation conference on 6 June 2019 Date of orders: 11 June 2019 Decision date: 11 June 2019 Jurisdiction: Class 1 Before: Chilcott C Decision: The Court orders: (1) The Applicant is granted leave to amend the development application to rely upon amended architectural plans referred to in condition A of Annexure 'A', and the written request to vary the floor space ratio control in clause 4.4 of Manly Local Environmental Plan 2013, prepared by Geoff Goodyer, dated 6 June 2019. (2) The written request to vary the floor space ratio control in clause 4.4 of Manly Local Environmental Plan 2013, prepared by Geoff Goodyer, dated 6 June 2019, is upheld. (3) The Appeal is upheld. (4) Development Application DA2018/0128 for demolition of existing structures and construction of a new dwelling house at 65 Bower Street, Manly is approved, subject to the conditions in Annexure 'A'. Catchwords: DEVELOPMENT APPLICATION – conciliation conference – agreement between the parties – orders Legislation Cited: Environmental Planning and Assessment Act 1979 Land and Environment Court Act 1979 Manly Local Environmental Plan 2013 Category: Principal judgment Parties: Mark Arnold (Applicant) Northern Beaches Council (Respondent) Representation: Counsel: M Staunton (Applicant) F Berglund (Respondent)