Provincial Planning Pty Ltd v Manly Council [2004] NSWLEC 413

Land and Environment Court of New South Wales

CITATION : Provincial Planning Pty Ltd v Manly Council [2004] NSWLEC 413 APPLICANT Provincial Planning Pty Ltd PARTIES : RESPONDENT Manly Council FILE NUMBER(S) : 10318 of 2004 CORAM: Murrell C Development Application :- Demolition of existing dwelling KEY ISSUES: construction of two new dwelling houses impact on adjoining residential properties LEGISLATION CITED: Manly Developmentlocal Environmental Plan Development Control Plan CASES CITED: DATES OF HEARING: 29 &30 June 2004 EX TEMPORE 06/30/2004 JUDGMENT DATE :

APPLICANT Mr G Newport, barrister

LEGAL REPRESENTATIVES:

RESPONDENT Ms C Schofield, solicitor

JUDGMENT: THE LAND AND ENVIRONMENT COURT OF NEW SOUTH WALES

Murrell C

30 June 2004

10318 of 2004 Provincial Planning Pty Ltd v Manly Council

JUDGMENT 1 This matter has come to me as consent orders. It was an appeal lodged against council's deemed refusal for the property known as 4 West Street, Balgowlah Heights. The subject land is some 1820 m sq with a street frontage to West Street of 20 m and a depth of some 90 m. The proposal is for the demolition of the existing dwelling on the subject land and the erection of two dwellings and the subdivision of the land into two parcels of land. Lot 1 would be 838 m sq and Lot 2, 986 m sq. An access handle is to be provided over the front lot to the rear allotment. The two new dwellings proposed to be erected are three and four bedroom dwellings with associated pools, terraces and landscaping areas.