MacPherson v Northern Beaches Council [2022] NSWLEC 1424

MacPherson v Northern Beaches Council [2022] NSWLEC 1424

The Court granted consent to the amended development application, satisfied by the written request for a variation under cl 4.6 of MLEP and agreement between parties that all jurisdictional preconditions, including consideration of environmental factors, contamination, biodiversity, scenic protection, and consistency with planning objectives, are met.

Parties
First Applicant: Alexander MacPherson; Second Applicant: Kate Mansour; Respondent: Northern Beaches Council
Jurisdiction
Australia
Judgment Date
11 August 2022
Procedural Posture
Appeal / Final Orders After Conciliation Conference
Outcome
Appeal upheld; development consent granted subject to conditions; costs order made
Legal Topics
Development Consent, Variation to Development Standards, Conciliation Conference
Planning and Environment Development Consent Variation to Development Standards Conciliation Conference

Case Brief

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Parties

Alexander MacPherson

First Applicant

Kate Mansour

Second Applicant

Northern Beaches Council

Respondent

Procedural Posture

Appeal / Final Orders After Conciliation Conference

Legal Issues

  1. 1 Whether development consent should be granted for alterations and additions to a semi-detached dwelling at 111 Bower Street, Manly
  2. 2 Whether breach of the height development standard under Manly Local Environmental Plan 2013 is justified
  3. 3 Whether jurisdictional preconditions for consent are satisfied

Ratio Decidendi

The Court granted consent to the amended development application, satisfied by the written request for a variation under cl 4.6 of MLEP and agreement between parties that all jurisdictional preconditions, including consideration of environmental factors, contamination, biodiversity, scenic protection, and consistency with planning objectives, are met.

Court Disposition

Appeal upheld; development consent granted subject to conditions; costs order made

Orders

  • The updated written request pursuant to clause 4.6 of Manly Local Environmental Plan 2013 (MLEP), seeking a variation to the minimum lot size development standard in cl 4.3 of MLEP, is upheld.
  • The Appeal is upheld.