Kirzner v Manly Council [2007] NSWLEC 78

Land and Environment Court of New South Wales

CITATION : Kirzner v Manly Council [2007] NSWLEC 78

APPLICANT Alex Kirzner PARTIES : RESPONDENT Manly Council

FILE NUMBER(S) : 10895 and 10896 of 2006

CORAM: Hussey C

KEY ISSUES: Development Application :- s 96 modification/ Building Certificate refusal, excessive Floor Space Ratio

LEGISLATION CITED: Environmental Planning and Assessment Act 1979

CASES CITED: Goldin & Anor v Minister for Transport Administering the Ports Corporatisation and Waterways Management Act 1995 [2002] NSWLEC 75

DATES OF HEARING: 15/02/2007

EX TEMPORE JUDGMENT DATE : 15 February 2007

APPLICANT Mr S. Klinger, solicitor

LEGAL REPRESENTATIVES: RESPONDENT Mr S. Griffiths, solicitor of Pike Pike and Fenwick

JUDGMENT: THE LAND AND ENVIRONMENT COURT OF NEW SOUTH WALES

Hussey C

15 February 2007

10895 of 2006 Alex Kirzner v Manly Council 10896 of 2006 This decision was given extemporaneously. It has been revised and edited prior to publication. JUDGMENT

Background. 1 The proceedings comprise the following appeals, which were heard concurrently in respect of a residential property situated at 36 Gurney Crescent, Seaforth: o 10895/2006; an appeal against council's refusal of a s 96 Modification application, o 10896/2006; an appeal against council's refusal to issue a Building Certificate. 2 On the 15 December 2004, development consent was granted for the construction of a new 3-storey dwelling house and swimming pool on the subject site. The conditions of consent required some minor changes to reduce the floor space and delete the roof terrace. Construction of the dwelling proceeded in accordance with Construction Certificate plans approved by a private PCA.