Stepping Stone Proprietary Limited v Northern Beaches Council [2018] NSWLEC 1638

Stepping Stone Proprietary Limited v Northern Beaches Council [2018] NSWLEC 1638

The agreement between the parties to uphold the appeal and grant development consent, based on amended plans and justification for variations to development standards, is a decision the Court could make in the proper exercise of its functions under relevant planning statutes.

Jurisdiction
Australia
Judgment Date
11 December 2018
Procedural Posture
Appeal / Orders Post Conciliation Conference
Outcome
Appeal upheld; development consent granted subject to conditions.
Legal Topics
['development Application' 'conciliation Conference' 'building Height Variation' 'floor Space Ratio (fsr)' 'strata Subdivision']
['planning and Environment'] ['development Application' 'conciliation Conference' 'building Height Variation' 'floor Space Ratio (fsr)' 'strata Subdivision']

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Procedural Posture

Appeal / Orders Post Conciliation Conference

Legal Issues

  1. 1 ['Whether the proposed development application for alterations, additions, use as dual occupancy (attached), and strata subdivision should be approved' 'Whether variations to building height and floor space ratio development standards should be allowed under cl 4.6 of Manly Local Environmental Plan 2013']

Ratio Decidendi

The agreement between the parties to uphold the appeal and grant development consent, based on amended plans and justification for variations to development standards, is a decision the Court could make in the proper exercise of its functions under relevant planning statutes.

Court Disposition

Appeal upheld; development consent granted subject to conditions.

Orders

  • ['The applicant is granted leave to amend the application and rely on the specified plans.' 'The clause 4.6 requests seeking to vary the development standards within clauses 4.3 and 4.4 of the Manly Local Environmental Plan 2013 is upheld.' 'The appeal is upheld.' "Development application number DA326/2016 is...