Poche and Anor v Manly Council [2014] NSWLEC 1274

Poche and Anor v Manly Council [2014] NSWLEC 1274

Approval of the new stairs cannot be granted unless detailed mitigation measures addressing impacts on the Little Penguin Critical Habitat and visual impact are satisfactorily provided. Applicant is permitted to submit such measures for court approval; otherwise, stairs must be removed.

Jurisdiction
Australia
Judgment Date
19 August 2014
Procedural Posture
Class 1 Appeal / Final Directions and Orders; Awaiting Further Applicant Information
Outcome
Conditional: Applicant to advise if mitigation measures will be provided; pending further information, outcome undecided.
Legal Topics
['development Application' 'building Certificate' 'critical Habitat Protection' 'visual Impact Assessment' 'foreshore Access']
['environmental Law' 'planning Law'] ['development Application' 'building Certificate' 'critical Habitat Protection' 'visual Impact Assessment' 'foreshore Access']

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Procedural Posture

Class 1 Appeal / Final Directions and Orders; Awaiting Further Applicant Information

Legal Issues

  1. 1 ['Whether stairs constructed without consent should be regularised via building certificate or demolished' 'Impact of stairs on Little Penguin Critical Habitat' 'Visual impact of stairs on foreshore and Sydney Harbour']

Ratio Decidendi

Approval of the new stairs cannot be granted unless detailed mitigation measures addressing impacts on the Little Penguin Critical Habitat and visual impact are satisfactorily provided. Applicant is permitted to submit such measures for court approval; otherwise, stairs must be removed.

Court Disposition

Conditional: Applicant to advise if mitigation measures will be provided; pending further information, outcome undecided.

Orders

  • ['Applicant to advise by 22 August 2014 if willing to provide details of mitigation measures for Little Penguin habitat and visual screening' 'Mitigation measures to include: restricted access at night and breeding season, reinstated vegetation, signage, exclusion of cats and dogs, gates' 'If information provided,...