Joyce v Northern Beaches Council

Land and Environment Court

New South Wales

Medium Neutral Citation:

Joyce v Northern Beaches Council [2022] NSWLEC 1445

Hearing dates:

Conciliation conference on 4-5 August 2022

Date of orders:

24 August 2022

Decision date:

24 August 2022

Jurisdiction:

Class 1

Before:

Adam AC

Decision:

The Court orders:

(1) The appeal is upheld.

(2) Development consent is granted to development application no. DA2021/1408 for the demolition works and construction of a dwelling house including a boatshed at 16 Addison Road, Manly NSW 2095, subject to the conditions of consent in Annexure A.

Catchwords:

APPEAL – development application – dwelling house- conciliation conference – agreement between the parties – orders made

Legislation Cited:

Biodiversity Conservation Act 2016, ss 7.2, 7.3, 7.7, 7.16

Biodiversity Conservation Regulation 2017, cl 3.3, Pt 3 Div 3.2

Environmental Planning and Assessment Act 1979, ss 4.15, 4.16, 8.7

Environmental Planning and Assessment Regulation 2000, cl 55

Land and Environment Court Act 1979, ss 34, 34AA

Manly Local Environmental Plan 2013, cll 4.3, 4.4, 6.3, 6.5, 6.9, 6.10

Threatened Species Conservation Act 1995 (repealed)

State Environmental Planning Policy (Biodiversity and Conservation) 2021, Ch 10, s 10.14

State Environmental Planning Policy (Resilience and Hazards) 2021, Ch 2, ss 2.12, 2.13, Ch 4, s 4.6

State Environmental Planning Policy (Building Sustainability Index: BASIX) 2004

Cases Cited:

Tenacity Consulting Pty Ltd v Warringah Council (2004) 134 LGERA 23; [2004] NSWLEC 140

Texts Cited:

Manly Development Control Plan 2013

Category:

Principal judgment

Parties:

Patrick Adrian Joyce (Applicant)
Northern Beaches Council (Respondent)

Representation:

Counsel:
S Vatala (Solicitor) (Applicant)
J Simpson (Solicitor) (Respondent)

Solicitors:
Dentons Australia (Applicant)
Northern Beaches Council (Respondent)

File Number(s):

2022/107881

Judgment

1. The applicant, Mr Joyce, pursuant to s 8.7 of the Environmental Planning and Assessment Act 1979 (EPA Act) appeals against the refusal of development application no. 2021/1408 (DA) by the Northern Beaches Local Planning Panel on 16 March 2022.

2. The DA was for demolition of existing structures including a dwelling house, site preparation including excavation, construction of a three-storey dwelling house, a boatshed and associated landscaping at 16 Addison Road, Manly (the site) and is legally known as Lot 2 DP 325330. The DA was lodged with the Council on 3 August 2021. The DA was advertised and notified in accordance with the Northern Beaches Council Community Participation Plan between 31 August and 3 October 2021. In response, 13 submissions, raising a large number of issues, were received.

3. On 24 November 2021, the Council wrote to the applicant raising a number of concerns. In response, the applicant lodged an amended proposal and additional information on 30 December 2021, in order to address the Council’s concerns.

4. Given the number of submissions received by Council to its original notification, the DA was referred to the Northern Beaches Local Planning Panel, which resulted in refusal of the DA.

5. The parties participated in a without prejudice meeting on 30 May 2022 and continued discussion on a without prejudice basis following that meeting. In response to matters raised by the Council during the discussions, the…