Invegowrie Properties v Manly Council [2004] NSWLEC 646

Land and Environment Court of New South Wales

CITATION : Invegowrie Properties v Manly Council [2004] NSWLEC 646 APPLICANT: Invergowrie Properties Pty Ltd PARTIES : RESPONDENT: Manly Council FILE NUMBER(S) : 10757 of 2004 CORAM: Roseth SC KEY ISSUES: Development Application :- residential flat building LEGISLATION CITED: CASES CITED: DATES OF HEARING: 19/11/2004 DATE OF JUDGMENT: 11/24/2004

Mr G. McKee, solicitor of McKees Legal Soltuions LEGAL REPRESENTATIVES: Ms C Schofield, solicitor of Pike Pike & Fenwick

JUDGMENT: - 1 - THE LAND AND ENVIRONMENT COURT OF NEW SOUTH WALES

Roseth SC

24 November 2004

10757 of 2004 Invergowrie Properties Pty Ltd v Manly Council

JUDGMENT 1 Senior Commissioner: This is an appeal against the deemed refusal of a development application to demolish the existing buildings and erect a four-storey residential flat building on lot 1 DP 921014 and lot 6 DP 666665, known as 104-106 Whistler Street, Manly.

The site 2 The site is on the east side of Whistler Street, between Carlton and Pine Streets. The area is 430m2. The east side of the street is zoned for the highest density available in Manly, with a height of four storeys plus attic. The west side of the street is zoned also for flats, though the maximum height is three storeys plus attic. Despite the zoning, much of the existing development is of low scale, such as small single-storey houses on small allotments.

The proposal 3 The applicant proposes to demolish the existing buildings on the site and to erect a residential flat building of four storeys over basement parking. The proposal complies with most planning controls, the exception being the setbacks from the boundaries.