NSW Caselaw
Land and Environment Court of New South Wales
CITATION : Stone v Manly Council [2004] NSWLEC 668 APPLICANT Paul Raymond Stone PARTIES : RESPONDENT Manly Council FILE NUMBER(S) : 10506 of 2004 CORAM: Hussey C KEY ISSUES: Development Application :- House demolition - new dwelling - lap pool - FSR noise - privacy
LEGISLATION CITED: Environmental Planning and Assessment Act 1979 Manly LEP CASES CITED: DATES OF HEARING: 17/11/2004 EX TEMPORE 11/17/2004 JUDGMENT DATE :
APPLICANT Mr C Leggatt, barrister Clinch Neville Long
LEGAL REPRESENTATIVES: RESPONDENT Mr R Graham, solicitor Abbott Tout
JUDGMENT: THE LAND AND ENVIRONMENT COURT OF NEW SOUTH WALES
Hussey C
17 November 2004
10506 of 2004 Paul Raymond Stone v Manly Council
JUDGMENT 1 This appeal was lodged against council's refusal of a development application proposing the demolition of an existing dwelling and construction of a two storey residence and lap pool at 12 Tutus Street, Balgowlah Heights.
2 In refusing the application the council identified a number of issues which include: + Non compliance with the FSR control in the DCP + Unsatisfactory position and height of the lap pool + Loss of privacy and loss of views 3 For the appeal, the parties agreed to Ms Laidlaw being appointed the Court Appointed Expert in planning. She undertook a detailed assessment of the proposal against the relevant development controls in the DCP and found it unacceptable in its current form.
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