18 Victoria Pty Ltd v Northern Beaches Council [2026] NSWLEC 1399
Before: Creagh AC · NSW Land and Environment Court
Summary
This appeal concerns a development application for demolition of existing structures and construction of a residential flat building above basement parking at 18-20 Victoria Parade, Manly. Pursuant to s 8.7 of the Environmental Planning and Assessment Act 1979 (NSW) (EPA Act), the appeal was commenced against the deemed refusal of the development application. In exercising the functions of the consent authority in relation to the appeal, the Court has the power to determine the development appli
Catchwords
APPEAL – development application – residential flat building – conciliation conference – agreement between the parties – orders
Outcome
The Court orders that: (1) The Applicant is to pay the Respondent’s costs pursuant to s 8.15(3) of the Environmental Planning and Assessment Act 1979 (NSW) in the agreed amount of $3,100 within 28 days of the receipt of an invoice. (2) The appeal is upheld. (3) The written request pursuant to cl 4.6 of the Manly Local Environment Plan 2013 to vary the development standard for the height of building control contained within s 180(2)(b) of the State Environmental Planning Policy (Housing) 2021, as prepared by Minto Planning Services, dated 24 April 2026, is upheld. (4) Development Application No DA2025/1157, as amended, for demolition works and construction of a residential flat building containing basement parking at 18-20 Victoria Parade, Manly, is determined by the grant of consent subject to the conditions set out in Annexure A.
Legislation cited
Environmental Planning and Assessment Act 1979 (NSW), ss 4.15, 4.16, 8.7, 8.15 Land and Environment Court Act 1979 (NSW), s 34 Environmental Planning and Assessment Regulation 2021 (NSW), ss 27, 29, 38 Manly Local Environmental Plan 2013 cll 2.7, 4.3, 4.6, 5.10, 6.1, 6.2, 6.4, 6.9, 6.12 State Environmental Planning Policy (Biodiversity and Conservation) 2021, ss 6.6, 6.8 State Environmental Planning Policy (Housing) 2021, ss 145, 147, 174, 175, 177, 180 State Environmental Planning Policy (Resilience and Hazards) 2021, s 4.6 State Environmental Planning Policy (Sustainable Buildings) 2022, s 2.1 State Environmental Planning Policy (Transport and Infrastructure) 2021, s 2.48
Read the full judgment
Authoritative text on NSW Caselaw · ~17k words
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