Boston Blyth Fleming v Northern Beaches Council [2019] NSWLEC 1302

Land and Environment Court New South Wales

Medium Neutral Citation: Boston Blyth Fleming v Northern Beaches Council [2019] NSWLEC 1302 Hearing dates: Conciliation conference on 20 June 2019 Date of orders: 02 July 2019 Decision date: 02 July 2019 Jurisdiction: Class 1 Before: Chilcott C Decision: The Court orders (1)The Applicant is granted leave to amend Modification Application No N0183/15 (as modified) by deleting the request to delete Condition B13 as set out in the Statement of Environmental Effects dated 28 May 2018 prepared by Boston Blyth Fleming; (2)The Appeal is upheld; (3)Modification Application No N0183/15 for modification of Development Consent No.N0183/15 (as modified) to amend floor plans at 2 Park Street (Mona Vale Hotel), Mona Vale NSW is approved in accordance with the conditions as set out in Annexure 'A' and the Plan of Management dated June 2019 as set out in Annexure 'C'; (4)As a consequence of Order (3), Development Consent No.N0183/15 (as modified) is now subject to consolidated, modified conditions of development consent set out in Annexure 'B'. Catchwords: MODIFICATION APPLICATION – conciliation conference – agreement between the parties – orders Legislation Cited: Environmental Planning and Assessment Act 1979 Land and Environment Court Act 1979 Category: Principal judgment Parties: Boston Blyth Fleming (Applicant) Northern Beaches Council (Respondent) Representation: Solicitors: A Sattler, Sattler and Associates (Applicant) E Roberts, Northern Beaches Council (Respondent) File Number(s): 2018/334997 Publication restriction: No