NSW Caselaw
Land and Environment Court of New South Wales
CITATION : SMS Architects Pty Limited v Manly Council [2008] NSWLEC 1164
APPLICANT SMS Architects Pty Limited PARTIES : RESPONDENT Manly Council
FILE NUMBER(S) : 10043 of 2008 and 10044 of 2008
CORAM: Hoffman C
KEY ISSUES: Section 96 Modification :- An apartment building that has commenced construction, lift overrun and mechanical equipment on the roof, view loss and visual impact.
Environmental Planning and Assessment Act 1979 LEGISLATION CITED: Manly Local Environmental Plan 1988 Manly Residential Development Control Plan 2007
DATES OF HEARING: 17/04/2008
EX TEMPORE JUDGMENT DATE : 17 April 2008
APPLICANT Mr B. Hones, solicitor with Mr B. Swain, solicitor of Hones LA Hood LEGAL REPRESENTATIVES:
RESPONDENT Mr R. K. Graham, solicitor of Home Wilkinson Lowry Lawyers
JUDGMENT: THE LAND AND ENVIRONMENT COURT OF NEW SOUTH WALES
Hoffman C
17 April 2008
10043 of 2008 SMS Architects Pty Limited v 10044 of 2008 Manly Council
JUDGMENT 1 This is two appeals, Appeal No. 10043 of 2008 is in regard to a development application and Appeal No. 10044 of 2008 is an appeal in regard to a s 96 modification application in regard to an apartment building that has commenced construction at Nos. 133 and 137 North Steyne.
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