Vimresh Pty Ltd v Northern Beaches Council [2019] NSWLEC 1613

Land and Environment Court New South Wales

Medium Neutral Citation: Vimresh Pty Ltd v Northern Beaches Council [2019] NSWLEC 1613 Hearing dates: Conciliation conference on 18 November 2019 Date of orders: 11 December 2019 Decision date: 11 December 2019 Jurisdiction: Class 1 Before: Bish C Decision: The Court orders that: (1) The applicant is granted leave to amend the development application and rely upon the following plans and drawings as referred to in the conditions of consent at Annexure "B" and listed and attached at Annexure "A". (2) The applicant is to pay the respondent's costs thrown away pursuant to section 8.15(3) of the Environmental Planning and Assessment Act 1979, as agreed or assessed. (3) The appeal is upheld. (4) Development Application DA2017/1364 dated 19 December 2018 for the demolition of an existing building and construction of a seniors housing development and strata subdivision at 14 Ponsonby Parade, Seaforth as amended with the plans and drawings attached at Annexure "A", is approved subject to the conditions annexed to this judgment in Annexure "B". Catchwords: DEVELOPMENT APPLICATION – seniors housing – view loss – 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 Texts Cited: Manly Development Control Plan 2013 Category: Principal judgment Parties: Vimresh Pty Ltd (Applicant) Northern Beaches Council (Respondent) Representation: Counsel: M Staunton (Applicant) F Berglund (Respondent)