Luxe Manly Pty Ltd v Manly Council

Land and Environment Court New South Wales Medium Neutral Citation: Luxe Manly Pty Ltd v Manly Council [2016] NSWLEC 1167 Hearing dates:4, 5 February 2016, submissions 19 February 2016Date of orders: 06 May 2016 Decision date: 06 May 2016 Jurisdiction:Class 1Before: Pearson C Decision: 1. Leave is granted to the applicant to amend the development application to rely on the plans filed on 8 March 2016, being DA02, DA03, DA04, DA05, DA06, DA07, DA08, DA09, DA11, DA12, DA13, DA14, DA15, DA17, DA100, and DA22, all Issue F;2. In accordance with s97B(2) of the Environmental Planning and Assessment Act 1979 the applicant is to pay the costs of the respondent thrown away as a consequence of the amendment of the application in order (1), in the agreed sum of $1;3. In accordance with s97B(2) of the Environmental Planning and Assessment Act 1979 the applicant is to pay the costs of the respondent thrown away as a result of the amendment of the development application on 4 February 2016 to rely on the plans in exhibit F, being DA02, DA07, DA08, DA09, DA11, DA12, all Issue D1, as agreed or assessed;4. The appeal is dismissed;5. Development Application DA 243/14 for the consolidation of three lots and construction of two residential flat buildings at 138-139 North Steyne and 30 Bonner Avenue Manly is refused; and6. The exhibits are returned except for exhibits A, F, G, 1, 6 and 8. Catchwords: DEVELOPMENT APPLICATION: Site consolidation and construction of two residential flat buildings –Height –...