Australian Leisure and Hospitality Pty Limited v Manly Council [2005] NSWLEC 316

Land and Environment Court of New South Wales

CITATION : Australian Leisure and Hospitality Pty Limited v Manly Council [2005] NSWLEC 316

APPLICANT Australian Leisure and Hospitality Pty Limited

PARTIES : RESPONDENT Manly Council

FILE NUMBER(S) : 11098 of 2004

CORAM: Bly C - Brown C

KEY ISSUES: Development Application :- alterations and additions to existing hotel - social impacts - height - floor space ratio - impact on townscape - heritage impacts

Environmental Planning and Assessment Act 1979 LEGISLATION CITED: Manly Local Environmental Plan 1988

CASES CITED: Kevin Snell Pty Limited v Manly Council [2005] NSWLEC 193

DATES OF HEARING: 09 - 10/06/05

DATE OF JUDGMENT: 06/24/2005

APPLICANT Mrs M L Taylor, solicitor SOLICITORS Norman Waterhouse LEGAL REPRESENTATIVES: RESPONDENT Mr R Graham, solicitor SOLICITORS Abbott Tout

JUDGMENT: THE LAND AND ENVIRONMENT COURT OF NEW SOUTH WALES

Bly C with Brown C

24 June 2005

11098 of 2004 Australian Leisure and Hospitality Pty Limited v Manly Council

JUDGMENT Introduction 1 This is an appeal against the deemed refusal of Development Application No. 387/03 by Manly Council (the council) for major alterations and additions to the New Brighton Hotel at 71 The Corso, Manly (the site). 2 The site and surrounding area was inspected on the morning of the first day of the hearing with representatives from both parties. A number of local residents and nearby business operators provided their evidence at this time. 3 For the reasons set out in the following paragraphs, we have concluded that the appeal should be upheld and development consent granted subject to conditions. The site 4 The site is described as Lot 1 in DP 63249 and Lot 1 in DP 86449. It is located on the southern side of the intersection of The Corso and Sydney Road and is generally triangular in shape. The site has a frontage of 26.355 metres to The Corso and a frontage of 40.0 metres to Sydney