Barker v Manly Council [2006] NSWLEC 668

Land and Environment Court of New South Wales

CITATION : Barker v Manly Council [2006] NSWLEC 668

APPLICANT John Barker PARTIES :

RESPONDENT Manly Council

FILE NUMBER(S) : 10527 of 2006

CORAM: Hoffman C

KEY ISSUES: Deemed Refusal :- Non-compliance with provisions of Residential Development Control Plan, bulk of building, privacy, removal of trees, setback of building, streetscape, car parking, height, swimming pool

Manly Local Environmental Plan 1988 LEGISLATION CITED: Manly Development Control Plan for Residential Zone 2001 Sydney Regional Environmental Plan, Sydney Harbour Catchment 2005 Residential Development Control Plan

DATES OF HEARING: 16/10/2006

EX TEMPORE JUDGMENT DATE : 10/16/2006

APPLICANT Mr M Staunton, solicitor SOLICITORS Staunton Beattie LEGAL REPRESENTATIVES: RESPONDENT Mr R Graham, solicitor SOLICITORS Abbott Tout

JUDGMENT: THE LAND AND ENVIRONMENT COURT OF NEW SOUTH WALES

Hoffman C

16 October 2006

10527 of 2006 John Barker v Manly Council

JUDGMENT 1 This is a class one appeal No. 10527 of 2006 between John Barker and Manly Council in regard to the deemed refusal of an application for a new dwelling at No. 5 Sandy Bay Road, Sandy Bay, at Clontarf.

2 Whilst there is only limited weight in looking at the chronology of this matter it is useful to know that the application was preceded by development consent No. 64/04 issued by council on 13 September 2004 for the construction of alterations and additions to an existing dwelling house on the land. There was also Development Consent No. 572/03 issued by council on 4 November 2004 for the carrying out of landscape works associated with those alterations and additions.