NSW Caselaw
Land and Environment Court of New South Wales
CITATION : Turner v Manly C [2005] NSWLEC 50
APPLICANT Graeme and Trish Turner
PARTIES : RESPONDENT Manly Council
FILE NUMBER(S) : 10947 of 2004
CORAM: Tuor C.
Development Application :- demolish a single dwelling and construct two storey semi-detached dwellings Development in the vicinity of a heritage item impact of height KEY ISSUES: bulk and scale and landscaping on heritage item and streetscape Impact on residential amenity
Manly LEP 1988 LEGISLATION CITED: Environmental Planning and Assessment Act 1979
DATES OF HEARING: 02/02/2005 EX TEMPORE JUDGMENT DATE : 02/04/2005
APPLICANT Mr A Galasso, barrister Instructed by: Mr A Staunton of Staunton Beattie
LEGAL REPRESENTATIVES:
RESPONDENT Mr S Griffiths, solicitor of Pike Pike & Fenwick
JUDGMENT: THE LAND AND ENVIRONMENT COURT OF NEW SOUTH WALES
Tuor C
4 February 2005
10947 of 2004 Turner v Manly Council
JUDGMENT 1 This is an appeal against the refusal by Manly Council (the council) of a development application (314/03) to demolish an existing single storey house and construct a two storey semi-detached dwelling and subdivision at 30 Boyle Street, Balgowlah.
2 A description of the site, its context, the background to the application and the statutory controls is contained in the Statement of Basic Facts.
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