Unsworth v Northern Beaches Council [2019] NSWLEC 1591

Land and Environment Court New South Wales

Medium Neutral Citation: Unsworth v Northern Beaches Council [2019] NSWLEC 1591 Hearing dates: Conciliation conference on 21-22 November 2019 Date of orders: 03 December 2019 Decision date: 03 December 2019 Jurisdiction: Class 1 Before: Gray C Decision: The Court orders that: (1) The Applicant is granted leave to amend the development application to rely upon the amended architectural plans referred to in condition 1 of Annexure A. (2) The clause 4.6 written request to vary the Special height provisions development standard set out in clause 4.3A of Manly Local Environmental Plan 2013 prepared by Vaughan Milligan dated 22 November 2019 is upheld. (3) The clause 4.6 written request to vary the Height of buildings development standard set out in clause 4.3 of Manly Local Environmental Plan 2013 prepared by Vaughan Milligan dated 22 November 2019 is upheld. (4) The Appeal is upheld. (5) Development Application No. DA2018/0628 for alterations and additions to an existing dwelling house including a swimming pool at 8 Bower Street, Manly is approved subject to the conditions in Annexure A. Catchwords: DEVELOPMENT APPLICATION – alterations and additions to dwelling house - 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 Cases Cited: GGD Danks Street P/L and CR Danks Street P/L v Council of the City of Sydney [2015] NSWLEC 1521 MGT 6 Pty Ltd v The Council of the City of Sydney [2017] NSWLEC 1211 Texts Cited: Manly Development Control Plan 2013 Category: Principal judgment Parties: Gregory Unsworth (Applicant) Northern Beaches Council (Respondent) Representation: Counsel: M Staunton (Applicant) S Patterson (Solicitor) (Respondent)