NSW Caselaw
Land and Environment Court of New South Wales
CITATION : Lane v Manly Council [2009] NSWLEC 1329
APPLICANTS Tom Lane Emma Lane PARTIES : RESPONDENT Manly Council
FILE NUMBER(S) : 10997 of 2008
CORAM: Murrell C
KEY ISSUES: DEVELOPMENT APPLICATION :- erection of residential flat building in open space zone; existing use rights; impact on adjoining open space, street and foreshore; and view loss.
Environmental Planning and Assessment Act 1979 LEGISLATION CITED: Manly Local Environmental Plan 1988 Sydney Regional Environmental Plan (Sydney Harbour Catchment) 2005
Stromness Pty Limited v Woollahra Municipal Council [2006] NSWLEC 587 Ashfield Municipal Council v L Armstrong [2003] NSWCA 353 CASES CITED: Ashfield Municipal Council v Armstrong [2002] NSWCA 269 Royal Agricultural Society of NSW v Sydney City Council [1987] NSWCA Shire of Perth v O'Keefe and Anor [1968 Vol 110 CLR] WASC
DATES OF HEARING: 31 March 2009, 1 April 2009 & 21 April 2009 (outstanding documents filed)
DATE OF JUDGMENT: 7 October 2009
APPLICANT Mr P Rigg (solicitor) SOLICITOR Deacons LEGAL REPRESENTATIVES: RESPONDENT Mr S Griffiths (solicitor) SOLICITOR Pikes Lawyers
JUDGMENT: THE LAND AND ENVIRONMENT COURT OF NEW SOUTH WALES
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