NSW Caselaw
Land and Environment Court of New South Wales
CITATION : Proactive Management Specialists Pty Ltd v Manly Council [2008] NSWLEC 1426
APPLICANT Proactive Management Specialists Pty Ltd PARTIES : RESPONDENT Manly Council
FILE NUMBER(S) : 10371 of 2008
CORAM: Murrell C
KEY ISSUES: Development Application :- Residential apartments: impacts on heritage item and conservation area: overshadowing internal amenity: over development: FSR: setbacks.
Environmental Planning and Assessment Act 1979 LEGISLATION CITED: Manly Local Environmental Plan 1988 Manly Development Control Plan State Environmental Planning Policy No 65
CASES CITED: Tenacity Consulting v Warringah Council [2004] NSWLEC 140 Zhang v Canterbury City Council [2001] NSWCA 167
DATES OF HEARING: 17/09/2008-18/09/2008
EX TEMPORE JUDGMENT DATE : 18 September 2008
APPLICANT Mr C McEwan SC LEGAL REPRESENTATIVES: Instructed by Anthony Whealy of Gadens Lawyers RESPONDENT Ms C Schofield of Pikes Lawyers
JUDGMENT: THE LAND AND ENVIRONMENT COURT OF NEW SOUTH WALES
Murrell C
18 September 2008
10371 of 2008 Proactive Management Specialists Pty Ltd v Manly Council This determination was given extemporaneously and it has been edited prior to publication
JUDGMENT
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