NSW Caselaw
Land and Environment Court of New South Wales
CITATION : Felton Constructions v Manly Council [2009] NSWLEC 1195
APPLICANT Felton Constructions (Syd) Pty Limited PARTIES : RESPONDENT Manly Council
FILE NUMBER(S) : 10962 of 2008
CORAM: Brown C
KEY ISSUES: DEVELOPMENT APPLICATION :- demolition of an existing dwelling and the construction of two attached dwellings - consistency with zone objectives - streetscape/character - solar access
LEGISLATION CITED: Environmental Planning and Assessment Act 1979 Manly Local Environmental Plan 1988
CASES CITED: Project Venture Developments v Pittwater Council [2005] NSWLEC 191
DATES OF HEARING: 5 May 2009
EX TEMPORE JUDGMENT DATE : 5 May 2009
APPLICANT Mr M Staunton, barrister
LEGAL REPRESENTATIVES: RESPONDENT Mrs L Finn, solicitor SOLICITORS HWL Ebsworth
JUDGMENT: THE LAND AND ENVIRONMENT COURT OF NEW SOUTH WALES
Brown C
5 May 2009
10962 of 2008 Felton Constructions (Syd) Pty Limited v Manly Council
JUDGMENT 1 This is an appeal against the refusal of Development Application 57/8 by Manly Council (the council) for the demolition of an existing dwelling and the construction of two attached dwellings and the Torrens Title subdivision of the new dwellings at 6 Waratah Street, Balgowlah (the site). The site 2 The site is lot 33 in DP 9860. It is rectangular in shape with a frontage of 13.41 m to Waratah Street, side boundaries of 40.235 m and a total site area of 539.6 sq m. The site has a gentle fall from the street to the rear boundary.
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