NSW Caselaw
Land and Environment Court of New South Wales
CITATION : Magnan v Manly Council [2006] NSWLEC 623
APPLICANT Goerges Magnan and Anna Magnan PARTIES : RESPONDENT Manly Council
FILE NUMBER(S) : 10392 of 2006
CORAM: Murrell C
KEY ISSUES: Appeal :- Development application for second storey addition, impacts on adjoining properties, solar access, height and bulk, setback, floor space ratio
LEGISLATION CITED: Environmental Planning and Assessment Act Manly Residential Zone 2001 DCP
DATES OF HEARING: 20/09/2006
EX TEMPORE JUDGMENT DATE : 09/20/2006
APPLICANT Mr A Hudson, solicitor SOLICITORS Wilshire Webb LEGAL REPRESENTATIVES: RESPONDENT Mr R Graham, solicitor SOLICITORS Abbott Tout
JUDGMENT: THE LAND AND ENVIRONMENT COURT OF NEW SOUTH WALES
Murrell C
20 September 2006
10392 of 2006 Goerges Magnan and Anna Magnan 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 an appeal under s 97 of the Environmental Planning and Assessment Act against Manly Council's refusal of a development application for the property known as 9 Smith Street, Manly.
2 The subject site gains access via an unmade laneway at the rear of Smith Street. The site adjoins Kangaroo Park, and there is vehicle access to a number of properties with access only from the rear of Smith Street. The subject site is in a conservation area, however conservation issues are not raised as an issue.
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