Roel Mulder & Associates v Manly Council [2006] NSWLEC 340

Land and Environment Court of New South Wales

CITATION : Roel Mulder & Associates v Manly Council [2006] NSWLEC 340

APPLICANT Roel Mulder & Associates PARTIES : RESPONDENT Manly Council

FILE NUMBER(S) : 10913 of 2005

CORAM: Moore C

Development Consent :- Modification of consent KEY ISSUES: Unapproved works Building certificate Noise .

DATES OF HEARING: 21 December 2005 and 2 June 2006

EX TEMPORE JUDGMENT DATE : 06/02/2006

APPLICANT Mr B Hones, solicitor Hones Lawyers LEGAL REPRESENTATIVES: RESPONDENT Mr R Graham, solicitor Abbott Tout

JUDGMENT: THE LAND AND ENVIRONMENT COURT OF NEW SOUTH WALES

Moore C

2 June 2006

10913 of 2005 Roel Mulder & Associates v Manly Council

JUDGMENT

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/ 1 COMMISSIONER: This is an appeal pursuant to s 96 of the Environmental Planning and Assessment Act 1979 (the Act) concerning a proposed enclosure of an undercroft at 2a Woodland Street, Balgowlah Heights (the site).