NSW Caselaw
Land and Environment Court of New South Wales
CITATION : Cachia v Manly Council [2009] NSWLEC 1035
APPLICANT Catherine Cachia PARTIES : R$ESPONDENT Manly Council
FILE NUMBER(S) : 10908 of 2008
CORAM: Moore C
KEY ISSUES: DEVELOPMENT APPLICATION :- Views
LEGISLATION CITED: Manly Local Environmental Plan 1988
CASES CITED: Tenacity Consulting v Warringah [2004] NSWLEC 140 Zhang v Canterbury City Council (2001) 115 LGERA 373
DATES OF HEARING: 5 and 6 February 2009
DATE OF JUDGMENT: 11 February 2009
APPLICANT Mr A Pickles, barrister LEGAL REPRESENTATIVES: RESPONDENT Ms C Schofield, solicitor Pikes Lawyers
JUDGMENT: THE LAND AND ENVIRONMENT COURT OF NEW SOUTH WALES
MOORE C
11 February 2009
10908 of 2008 Catherine Cachia v Manly Council
JUDGMENT 1 COMMISSIONER: Wanganella and Seaview Streets are streets running north/south along the ridge at Balgowlah. Seaview Street, the more eastern of the two streets, relevantly to these proceedings, is somewhat lower than Wanganella Street but not significantly so. From the eastern side of the Seaview Street, however, the area slopes away so that houses on the western side of Seaview Street can, and generally appear to, obtain significant views of the Manly peninsular, of North Head and buildings erected on parts of it (including the former St Patrick's complex), and, to varying or greater extents, views of Manly Cove.
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