NSW Caselaw
Land and Environment Court of New South Wales
CITATION : Tulloch v Manly Council [2008] NSWLEC 1368
APPLICANT William Paul Tulloch PARTIES : RESPONDENT Manly Council
FILE NUMBER(S) : 10397 of 2008
CORAM: Hussey C
KEY ISSUES: Development Application :- Dwelling house, overdevelopment of site, F.S.R, excavation, height, tree removal
Environmental Planning and Assessment Act 1979 LEGISLATION CITED: Manly Local Environmental Plan 1988 Manly Development Control Plan 2007 Sydney Residential Environmental Plan (Sydney Harbour Catchment) 2005
DATES OF HEARING: 19/08/2008, 20/08/2008, 04/09/2008 and 05/09/2008
DATE OF JUDGMENT: 11 September 2008
APPLICANT Mr Tulloch, litigant in person
LEGAL REPRESENTATIVES: RESPONDENT Ms C. Schofield, solicitor of Pikes Lawyers
JUDGMENT: THE LAND AND ENVIRONMENT COURT OF NEW SOUTH WALES
Hussey C
11 September 2008
10397 of 2008 William Paul Tulloch v Manly Council
JUDGMENT Background 1 Mr Tulloch lodged this appeal against council's refusal of a development application for the demolition of an existing dwelling and construction of a new multi-level dwelling at 11 Barrabooka Street, Clontarf.
2 The main issues identified for the appeal can be summarised as follows: - Non-compliance with the development controls, particularly the height, FSR, number of storeys, side setbacks and amount of excavation. - Impact on views. - Amenity impacts on neighbouring properties. - Impact on vegetation.
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