Eggleton v Manly C [2005] NSWLEC 497

Land and Environment Court of New South Wales

CITATION : Eggleton v Manly C [2005] NSWLEC 497

APPLICANT Jason Eggleton

PARTIES : RESPONDENT Manly Council

FILE NUMBER(S) : 10244 of 2005

CORAM: Hoffman C

Appeal :- Demolish and existing house - construct two semi-detached townhouses - Height - Bulk and scale - streetscape - overshadowing - setbacks - landscaping. KEY ISSUES:

Environmental Planning and Assessment Act 1979 Manly Local Environmental Plan 1988 LEGISLATION CITED: Manly Development Control Plan Sydney Regional Environmental Plan No. 23 Residential Development Control Plan

DATES OF HEARING: 23/06/2005

DATE OF JUDGMENT: 08/17/2005

APPLICANT Mr G. McKee, solicitor of McKees

LEGAL REPRESENTATIVES:

RESPONDENT Mr B. Tobin, solicitor of Abbott Tout

JUDGMENT: THE LAND AND ENVIRONMENT COURT OF NEW SOUTH WALES

Hoffman C

17 August 2005

10244 of 2005 Jason Eggleton v Manly Council

JUDGMENT 1 This is a Class 1 Appeal, No. 10244 of 2005, between Jason Eggleton and Manly Council, in regard to the refusal of consent to demolish an existing house and erect two semi-detached two storey townhouses at No. 49 Golf Parade, Manly.

2 The design is unusual in that the living rooms of each townhouse are single storey components at the Golf Parade end of the site. The front setback contains a northern courtyard to each living room and behind each is another courtyard between the living room and the two storey section of the building. The living rooms connect to the two storey section with a glass corridor along the party wall in the middle of the allotment.