NSW Caselaw
Land and Environment Court of New South Wales
CITATION : Malouf v Manly Council [2009] NSWLEC 1379
APPLICANT Michael Malouf PARTIES : RESPONDENT Manly Council
FILE NUMBER(S) : 11277 of 2008 and 10192 of 2009
CORAM: Hussey C
KEY ISSUES: DEVELOPMENT APPLICATION :- Amenity impacts of conversion of basement car park space for use as storage for cafe. Issue of Building Certificate.
LEGISLATION CITED: Environmental Planning and Assessment Act 1979 Manly Local Environmental Plan 1988
Super Studio v Waverley Council [2004] NSWLEC 91 CASES CITED: Waverley Council v C M Harris Architects [2002] NSWLEC 180 Jonah Pty Limited v Pittwater Council [2006] NSWLEC 99
DATES OF HEARING: 27 October 2009 and 30 November 2009
DATE OF JUDGMENT: 30 November 2009
APPLICANT Mr M Staunton (barrister) SOLICITOR Sattler & Associates Pty Ltd LEGAL REPRESENTATIVES:
RESPONDENT Mr R Graham (solicitor) SOLICITOR HWL Ebsworth Lawyer
JUDGMENT: THE LAND AND ENVIRONMENT COURT OF NEW SOUTH WALES
Hussey C
30 November 2009
11277 of 2008 and Michael Malouf v Manly Council 10192 of 2009
JUDGMENT Background. 1 These proceedings relate to part of the operations of the Fusion Point café, which is located within the "Peninsula Building" at Wentworth Street, Manly and involve the following two appeals: o Appeal No 11277/2008; which is an appeal against council's deemed refusal of a development application to allow the conversion of a basement car parking space into a storeroom for the use of storage & refrigeration for retail food items. o Appeal No 10192/2009; which is an appeal against council's deemed refusal of a Building Certificate application for approval to enclose of part of the car parking bay 146, to contain a cold storage area for products used in the operation of the Fusion Point café.
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