Gilet v Manly Council [2006] NSWLEC 642

Land and Environment Court of New South Wales

CITATION : Gilet v Manly Council [2006] NSWLEC 642

APPLICANT Paul Gilet PARTIES : RESPONDENT Manly Council

FILE NUMBER(S) : 10444 of 2006

CORAM: Hussey C

KEY ISSUES: Subdivision :- Off-street parking, non-compliances with DCP's minimum requirement, open space arrangements, floor space ratio, streetscape, public interest

Manly Local Environmental Plan 1988 LEGISLATION CITED: Manly Development Control Plan for the Residential Zone 2001 Manly Development Control Plan for Energy Efficient Buildings 1998

CASES CITED: Winn v Director General of National Parks and Wildlife & Anor. [2001] NSWCA 17

DATES OF HEARING: 29/09/2006

EX TEMPORE JUDGMENT DATE : 09/29/2006

APPLICANT Mr T Sattler, solicitor SOLICITORS Sattler & Associates LEGAL REPRESENTATIVES: RESPONDENT Mr R Graham, solicitor SOLICITORS Abbott Tout

JUDGMENT: THE LAND AND ENVIRONMENT COURT OF NEW SOUTH WALES

Hussey C

29 September 2006

10444 of 2006 Paul Gilet v Manly Council

JUDGMENT This decision was given extemporaneously. It has been revised and edited prior to publication. 1 This appeal was lodged against council's refusal of a 2-lot subdivision at 56 Alexander Street, Manly. The subdivision follows council's approval in 1999 for two dwellings on this land, which has a total area of approximately 557 sq m. The land has frontages to both Alexander Street, where there is older dwelling that was to be retained and the approval included the construction of a new dwelling with frontage to the rear, Rolfe Street.