Jellyfish Cafe Manly Pty Ltd v Manly C [2006] NSWLEC 188

Land and Environment Court of New South Wales

CITATION : Jellyfish Cafe Manly Pty Ltd v Manly C [2006] NSWLEC 188

APPLICANT Jellyfish Cafe Manly Pty Limited PARTIES : RESPONDENT Manly Council

FILE NUMBER(S) : 10624 of 2005

CORAM: Bly C

KEY ISSUES: Development Consent :- Refurbishment of cafe/restaurant, hours of operation,

LEGISLATION CITED: Environmental Planning and Assessment Act 1979 Manly Local Environmental Plan 1988

DATES OF HEARING: 28/03/06

EX TEMPORE JUDGMENT DATE : 03/28/2006

APPLICANT Mr M. Staunton, solicitor of Staunton Beattie LEGAL REPRESENTATIVES:

RESPONDENT Mr R. Graham, solicitor of Abbott Tout

JUDGMENT: THE LAND AND ENVIRONMENT COURT OF NEW SOUTH WALES

Bly C

28 March 2006

10624 of 2005 Jellyfish Café Manly Pty Limited v Manly Council

This decision was given extemporaneously. It has been revised and edited prior to publication.

JUDGMENT 1 On the 24 October 1991 Strata Plan No. 40022 was issued for a building at No. 93 North Steyne Manly. That plan of subdivision provided for 19 dwellings generally above 6 commercial tenancies fronting North Steyne. The building was I understand the subject of an earlier development consent that provided for the use of the commercial tenancies as refreshment rooms.

2 On 1 November 1999 the Council granted Development Consent No. 433/99 for the refurbishment of café/restaurant located within shop 5 being one of these commercial tenancies. This tenancy is currently occupied by a café/restaurant known as "Jellyfish".