Beluga Property v Manly Council [2008] NSWLEC 1392

Land and Environment Court of New South Wales

CITATION : Beluga Property v Manly Council [2008] NSWLEC 1392

Applicant: Beluga Property Pty Ltd PARTIES : Respondent: Manly Council

FILE NUMBER(S) : 10705 of 2008

CORAM: Roseth SC

KEY ISSUES: Development Application :- variation of DCP controls, innovative design

DATES OF HEARING: 1 October 2008

DATE OF JUDGMENT: 8 October 2008

Applicant: LEGAL REPRESENTATIVES: Mr D Brigden, solicitor of Holding Redlich Solictors Ms C Schofield, solicitor of Pikes Lawyers

JUDGMENT: THE LAND AND ENVIRONMENT COURT OF NEW SOUTH WALES

Roseth SC

8 October 2008

10705 of 2008 Beluga Property Pty Ltd v Manly Council

JUDGMENT 1 Senior Commissioner: This is an appeal against the refusal by Manly Council (the council) of a development application to consolidate lots 1 and 2 DP 602702, construct three three-storey dwelling houses and subdivide the consolidated land into three allotments after the construction of the dwellings, at 10 and 10A Addison Road, Manly.

The site 2 The two allotments form a trapezoidal shape on the southeast side of Addison Road. The site's frontage is 30.5m; its width is 24m; its area is 1,552m2. The rear boundary adjoins Little Manly Cove. The site has a level platform towards the street and a tiered cliff face towards the water. It is vacant, two dwellings having recently been demolished on it. The only vegetation is a cheese tree near the street. 3 Adjoining the site to the northeast are two detached houses, 12 and 14 Addison Road. Adjoining to the southwest is an apartment building, 8 Addison Road. Addison Road is a cul-de-sac and the site is near the cul-de-sac end. At the end of the cul-de-sac, No 1 is a tall white apartment building, which, because of its unusual circular shape, is a landmark on Sydney Harbour. The building is now a heritage item. No 2 Addison Road, known as the Mandalay Private Hospital and a more traditional old building, is also a heritage item. There are several apartment buildings in the street, ranging from three to eight storeys high. There are also detached houses of one and two storeys. 4 The site is habitat for Little Penguins and Long Nosed Bandicoots, both of which are threatened species.