NSW Caselaw
Land and Environment Court of New South Wales
CITATION : Bradley & Anor v Manly Council & Anor [2007] NSWLEC 491
APPLICANTS: Gavin James Bradley and Sharyn Margery Bradley
PARTIES : FIRST RESPONDENT: Manly Council
SECOND RESPONDENT: Director General of the Department of Planning
FILE NUMBER(S) : 10859 of 2006
CORAM: Lloyd J
KEY ISSUES: Development Application :- appeal - lodging house - residential dwelling - absence of concurrence - availability of sufficient comparable accommodation - financial viability - impact upon the stock of boarding house accommodation - room sizes for boarding houses - social and economic effects on the general community
Environmental Planning and Assessment Act 1979 s 79C Land and Environment Court Act 1979 s 38(6) Local Government Act 1919 Part XI LEGISLATION CITED: Public Health Act 1991 Public Health (General) Regulation 2002 cl 22(1) State Environmental Planning Policy No. 10 - Retention of Low-Cost Rental Accommodation cl 7 Manly Local Environmental Plan 1988
CASES CITED: BGP Properties Pty Ltd v Lake Macquarie City Council (2004) 138 LGERA 237; Carstens v Pittwater Council (1999) 111 LGERA 1
DATES OF HEARING: 23/05/07; 24/05/2007 and 25/05/2007
DATE OF JUDGMENT: 10 August 2007
APPLICANTS: A E Galasso SC SOLICITORS: Deacons
FIRST RESPONDENT: P C Tomasetti (barrister) LEGAL REPRESENTATIVES: SOLICITORS Pike Pike & Fenwick
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