Poche v Manly Council

Land and Environment Court New South Wales Medium Neutral Citation: Poche and Anor v Manly Council [2014] NSWLEC 1274 Hearing dates:26 and 27 June 2014Decision date: 19 August 2014 Jurisdiction:Class 1Before: Tuor C Decision: See paragraph 83 Catchwords: DEVELOPMENT APPLICATION – building certificate application for stairs constructed without consent and order to remove stairs. Impact on Little Penguin critical habitat and visual impact on foreshore and Sydney Harbour. Legislation Cited: Environmental Planning and Assessment Act 1979 Threatened Species Conservation Act 1995 Manly Local Environmental Plan 1988 Manly Local Environmental Plan 2013 Sydney Regional Environmental Plan (Sydney Harbour Catchment) 2005 Cases Cited: Beluga Property v Manly Council [2008] NSWLEC 1392 Ireland v Cessnock [1999] NSWLEC 250, (1999) LGERA 311 Payten Holdings Pty Limited and Joe Grech v Manly Council Taipan Holdings Pty Ltd v Sutherland Shire Council[1999] NSWLEC 276 Category:Principal judgmentParties: Gregory John Poche (First Applicant) Kay Ellen Van Norton (Second Applicant) Manly Council (Respondent) Representation: Counsel: Mr M Staunton, barrister (Applicants) Mr A Seton, solicitor (Respondent) Solicitors: O’Brien, Connors & Kennett (Applicants) Marsdens Law Group (Respondent) File Number(s):10915 of 2013 and 11004 of 2013Judgment These are two appeals that relate to a timber and masonry stairs (the new stairs) on the south eastern boundary at 10 Addison Road, Manly (site). With the consent of the parties, the appeals were heard concurrently. Appeal No.10915 of 2013 is an appeal under s121ZK of the Environmental Planning and Assessment Act 1979 (the EPA Act) against an Order issued by Manly Council (council) under...