Hilrok Properties Pty Ltd v Manly Council [2007] NSWLEC 224

Land and Environment Court of New South Wales

CITATION : Hilrok Properties Pty Ltd v Manly Council [2007] NSWLEC 224

APPLICANT Hilrok Properties Pty Ltd PARTIES : RESPONDENT Manly Council

FILE NUMBER(S) : 10765 of 2006

CORAM: Murrell C

KEY ISSUES: Development Application :- for extension to Ivanhoe Hotel to include gaming facility and smoking area. Impact on public domain and consistency with active street frontage.

LEGISLATION CITED: Environmental Planning and Assessment Act 1979

DATES OF HEARING: 5/12/2006, 6/02/2007 and 2/04/2007 (part days only)

EX TEMPORE JUDGMENT DATE : 2 April 2007

APPLICANT Mr M. McMahon, solicitor of McMahon & Associates

LEGAL REPRESENTATIVES: RESPONDENT Ms L. Finn, solicitor of HWL Layers incorporating Abbott Tout

JUDGMENT: THE LAND AND ENVIRONMENT COURT OF NEW SOUTH WALES

Murrell C

2 April 2007

10765 of 2006 Hilrok Properties Pty Ltd v Manly Council This determination was given extemporaneously and it has been edited prior to publication

JUDGMENT 1 This is an extempore judgment for a matter that commenced as an on-site hearing. The subject property has frontage to 'The Corso' at Nos. 27-35 'The Corso', Manly and rear access to Market Lane. The applicant proposes to utilise part of the existing Commonwealth Bank premises for the purpose of providing a gaming facility and the provision of a central toilet area at the rear of the subject site, which backs onto Market Lane.