Finlay v Manly Council [2006] NSWLEC 224

Land and Environment Court of New South Wales

CITATION : Finlay v Manly Council [2006] NSWLEC 224

APPLICANT John Finlay PARTIES : RESPONDENT Manly Council

FILE NUMBER(S) : 11354 of 2005

CORAM: Moore C

Development Application :- KEY ISSUES: Views .

Manly Development Control Plan for the Residential Zone 2001 LEGISLATION CITED: Manly Local Environmental Plan 1988 .

Tenacity Consulting v Waringah [2004] NSWLEC 140; CASES CITED: Savage v Manly Council [2005] NSWLEC 131; Zhang v Canterbury City Council (2001) 115 LGERA 373; .

DATES OF HEARING: 13 March 2006

EX TEMPORE JUDGMENT DATE : 03/13/2006

APPLICANT Mr A Sattler, solicitor Sattler & Associates LEGAL REPRESENTATIVES: RESPONDENT Ms C Schofield, solicitor Pike Pike & Fenwick

JUDGMENT: THE LAND AND ENVIRONMENT COURT OF NEW SOUTH WALES

MOORE C

13 March 2006

05/11354 John Finlay v Manly Council

JUDGMENT

This decision was given as an extemporaneous decision. It has been revised and edited prior to publication.

1 COMMISSIONER: This is an appeal pursuant to s 97 of the Environmental Planning and Assessment Act 1979 (the Act) against the refusal by Manly Council (the council) of Development Application 361 of 2005 for the erection of an opening and closing roof structure - known as a Vergola - (with side enclosures) at the uppermost residential level of Unit 1, 73 Fairlight Street, Fairlight (the site). 2 Above the uppermost residential level on the site, there is a further level upon which is located a swimming pool and further outdoor living area. It was not necessary for the purposes of this appeal to inspect that area. 3 I had the opportunity of inspecting the site and also to inspect three of the bedrooms on the upper-level and the outdoor living area on the lower level of the adjacent property to the north (which is 75 Fairlight Street).