Bellconnen Pty Ltd v Manly Council [2008] NSWLEC 1226

Land and Environment Court of New South Wales

CITATION : Bellconnen Pty Ltd v Manly Council [2008] NSWLEC 1226

APPLICANT Bellconnen PARTIES : RESPONDENT Manly Council

FILE NUMBER(S) : 10019 of 2008

CORAM: Bly C

KEY ISSUES: Development Application :- semi-detached dwelling houses and subdivision, streetscape, setbacks, heritage and conservation

LEGISLATION CITED: Environmental Planning and Assessment Act 1979 Manly Local Environmental Plan 1988

DATES OF HEARING: 5/5/08

DATE OF JUDGMENT: 12 June 2008

APPLICANT Mr N. Hemmings QC instructed by Allens Arthur Robinson LEGAL REPRESENTATIVES:

RESPONDENT Ms C. Schofield, solicitor of Pike Pike and Fenwick

JUDGMENT: THE LAND AND ENVIRONMENT COURT OF NEW SOUTH WALES

Bly C

12 June 2008

10019 of 2008 Bellconnen Pty Ltd v Manly Council

JUDGMENT Introduction 1 This appeal relates to a development application for the demolition of an existing building (used as a convalescent home) and the construction of four new dwellings in the form of two pairs of two-storey semi-detached buildings at 28 Alexander St Manly. The dwellings in Alexander Street each have two off-street parking spaces within the building. The dwellings in Rolfe Street each have a double garage. Torrens title subdivision creating a site for each of the dwellings is also proposed.

2 The rectangular shaped site is relatively level and has an area of 1,088 square metres. It has frontages of 23.8 m to both Alexander Street and Rolfe Street. The two frontages enable two new lots and dwellings to have frontages to Alexander Street (lots 1 and 2) and two new lots and dwellings to have frontages to Rolfe Street (lots 3 and 4).