Mann One Pty Limited v Willoughby City Council [2006] NSWLEC 618

Land and Environment Court of New South Wales

CITATION : Mann One Pty Limited v Willoughby City Council [2006] NSWLEC 618

APPLICANT Mann One Pty Limited PARTIES : RESPONDENT Willoughby City Council

FILE NUMBER(S) : 10400 of 2006

CORAM: Moore C

Development Application - Subdivision :- KEY ISSUES: Traffic Conditions of consent .

Mison & Ors v Randwick City Council (1991) 23 NSWLR 734; CASES CITED: Weal v Bathurst City Council (2000) 111 LGERA 181; .

DATES OF HEARING: 18 and 19 September 2006

EX TEMPORE JUDGMENT DATE : 09/19/2006

APPLICANT Mr G Green, solicitor Pike Pike & Fenwick LEGAL REPRESENTATIVES: RESPONDENT Ms S Pritchard, barrister INSTRUCTED BY Mallesons Stephen Jaques

JUDGMENT: THE LAND AND ENVIRONMENT COURT OF NEW SOUTH WALES

MOORE C

19 September 2006

06/10400 Mann One Pty Limited v Willoughby City Council

This decision was given as an extemporaneous decision. It has been revised and edited prior to publication. The consequence of the Court's decision in this appeal is the grant of development consent subject to detailed conditions. These conditions are not reproduced as part of this decision but are available for inspection at the Council. In addition, a copy the Court's Orders and the conditions may be obtained from the Court's registry upon payment of a fee. Details of the fee payable and process for obtaining a copy of the Orders and conditions are available on the Court's web site at http://www.lawlink.nsw.gov.au/lec/ JUDGMENT 1. COMMISSIONER: This is an appeal pursuant to s 97 of the Environmental Planning and Assessment Act 1979 against, in the first instance, the deemed refusal by Willoughby City Council (the council) of an application to subdivide an existing site which has frontages to Alleyne Street, Mann Street and Gibbes Street, Chatswood (the site). The site was formerly occupied by a Tip Top bakery. It is proposed to subdivide the existing allotment into two separate allotments running north-south – with one allotment, Lot 203, to have a frontage to Alleyne Street and the second, Lot 204, having frontages to Gibbes and Mann Streets.