George Munoz & Ors. v Manly Council [2006] NSWLEC 471

Land and Environment Court of New South Wales

CITATION : George Munoz & Ors. v Manly Council [2006] NSWLEC 471

APPLICANT George Munoz & Ors. PARTIES : RESPONDENT Manly Council

FILE NUMBER(S) : 10949 of 2005

CORAM: Murrell C

KEY ISSUES: Appeal :- Development application for demolition of dwelling and erection of 2 attached dwellings, impact on conservation area and streetscape, garages at front boundary, design of proposal

LEGISLATION CITED: Manly Local Environmental Plan 1988 Manly Development Control Plan Residential Zones 2001

CASES CITED: Zhang v Canterbury City Council [2004] NSWLEC 500

DATES OF HEARING: 02/05/2006 and 13/07/2006

EX TEMPORE JUDGMENT DATE : 07/13/2006

APPLICANT Mr M Seymour, barrister Instructed by: Mr J Pappas, solicitor SOLICITORS James Pappas Solicitors LEGAL REPRESENTATIVES:

RESPONDENT Ms L Finn, solicitor SOLICITORS Abbout Tout

JUDGMENT: THE LAND AND ENVIRONMENT COURT OF NEW SOUTH WALES

Murrell C

13 July 2006

10949 of 2005 George Munoz & Ors. v Manly Council

JUDGMENT This determination was given extemporaneously and it has been edited prior to publication

1 This is an ex-tempore judgment for a matter that came before the Court on 2 May 2006 as consent orders. During the hearing of the consent orders on that day, the Court expressed concern about the streetscape and the 'fit' of the proposed development as the subject site is located in a conservation area. The Court however, gave the applicant the opportunity to amend the plans to address concerns expressed by the Court.