Daly v Manly Municipal Council [1988] NSWLEC 151

Land and Environment Court of New South Wales

CITATION : Daly v Manly Municipal Council [1988] NSWLEC 151 APPLICANT Michael Daly PARTIES : RESPONDENT Manly Municipal Council FILE NUMBER(S) : 10599/87; 20371 of 1988 CORAM: Holland J KEY ISSUES: :- Environmnetal Planning And Assessment Act 1979 LEGISLATION CITED: Interpretation Act 1987 Local Government Act 1919 Manly Local Environmental Plan 1988 CASES CITED: Cogan v. Lane Cove Municipal Council (1960) DATES OF HEARING: DATE OF JUDGMENT: 12/06/1988

LEGAL REPRESENTATIVES:

JUDGMENT:

HIS HONOUR: These are two appeals by Michael Daly, applicant, against the Manly Municipal Council, respondent. The first, No. 10599/87, is a Class l appeal against the Council's refusal to consent to a development application made under the Environmental Planning and Assessment Act, 1979. The second, No. 20371/88, is a Class 2 appeal on the ground of the Council's failure to determine within 40 days an application under Part ll of the Local Government Act, 1919 for approval of alterations and additions to a building.

The property in question is No. 3 Linkmead Avenue, Clontarf. It is a residential site of 2,010m2 on which stands a two storey brick and tile residence and a separate 2 storey brick and tile garage built in a style similar to that of the residence only on a much smaller scale. The bottom level of this second building is designed to provide a garage and storage space and the upper level is designed to provide a garage, boat shed and workshop. The slope and levels of the land are such that there is vehicle access to both levels of the garage building.