Oatley v Manly C [2004] NSWLEC 290

Land and Environment Court of New South Wales

CITATION : Oatley v Manly C [2004] NSWLEC 290 APPLICANT S D & M E Oatley PARTIES : RESPONDENT Manly C FILE NUMBER(S) : 10122 of 2004 CORAM: Hussey C Building Application :- building alterations - overlooking KEY ISSUES: aural and visual amenity impacts

LEGISLATION CITED: CASES CITED: DATES OF HEARING: 11/05/04, 01/06/04 EX TEMPORE 06/01/2004 JUDGMENT DATE :

APPLICANT Ms H Irish, barrister SOLICITORS Whitehead Cooper Williams

LEGAL REPRESENTATIVES: RESPONDENT Mr W O'Rourke, solicitor SOLCITORS Deacons Graham and James

JUDGMENT:

IN THE LAND AND ENVIRONMENT COURT OF NEW SOUTH WALES

10122 of 2004 Hussey C 1 June 2004 Stephen Donald and Megan Elizabeth Oatley Applicant

v Manly Council Respondent Judgment

1. This is appeal No. 10122 of 2004, which is against the council's refusal to issue a building certificate for unauthorised works on a dwelling at 12 Margaret Street, Fairlight.

2. This refusal was based on council's determination that three aspects of the building did not comply with the development consent and those three aspects are firstly the provision of an upstairs bedroom window and secondly the construction of a large family room window on the lower floor and thirdly the construction of an extra leaf in the terrace doors. I note that there has been a previous s 96 appeal hearing on this matter and that was dismissed.