O'Connor & Anor v Manly Council [2005] NSWLEC 373

Land and Environment Court of New South Wales

CITATION : O'Connor & Anor v Manly Council [2005] NSWLEC 373

APPLICANT J & M O'Connor

PARTIES : RESPONDENT Manly Council

FILE NUMBER(S) : 10068 of 2005

CORAM: Tuor C

Development Application :- Alterations and Additions to existing dwelling non compliance with height and setback control KEY ISSUES: impact on residential amenity - overshadowing and privacy

LEGISLATION CITED: Manly Local Environmental Plan 1998

DATES OF HEARING: 29/06/2005 EX TEMPORE JUDGMENT DATE : 06/30/2005

APPLICANT Mr D Wilson, Barrister SOLICITORS Roper & Steggall LEGAL REPRESENTATIVES:

RESPONDENT Mr S Griffiths SOLICITORS Pike Pike & Fenwick

JUDGMENT: THE LAND AND ENVIRONMENT COURT OF NEW SOUTH WALES

Tuor C

30 June 2005

10068 of 2005 O'Connor v Manly Council

PRELIMINARY JUDGMENT 1 This appeal is against the refusal by Manly Council (the council) of a development application for alterations and additions to an existing house at 17 Rosedale Avenue, Fairlight (the site). 2 A description of the site, its context and the history of the application, are set out in the Statement of Basic Facts. The site is within Zone No 2 Residential under Manly Local Environmental Plan 1998 (LEP 1998). The proposal is permissible with consent. Manly Development Control Plan for the Residential Zone 2001 (DCP) is also relevant.