Blackmore Design Group v Manly Council [2008] NSWLEC 1330

Land and Environment Court of New South Wales

CITATION : Blackmore Design Group v Manly Council [2008] NSWLEC 1330

Applicant: Blackmore Deign Group Pty Ltd PARTIES : Respondent: Manly Council

FILE NUMBER(S) : 10408 of 2008

CORAM: Roseth SC

KEY ISSUES: Development Application :-

DATES OF HEARING: 21 August 2008

DATE OF JUDGMENT: 26 August 2008

Applicant: LEGAL REPRESENTATIVES: Mr M Staunton, barrister Respondent: Ms C Schofield, solicitor of Pike Pike & Fenwick

JUDGMENT: THE LAND AND ENVIRONMENT COURT OF NEW SOUTH WALES

Roseth SC

26 August 2008

10408 of 2008 Blackmore Design Group Pty Ltd v Manly Council

JUDGMENT 1 Senior Commissioner: This is an appeal against the refusal by Manly Council (the council) of a development application to demolish the existing buildings and erect a five-storey retail/commercial/residential building on lot 1 DP 176052, lot 1 DP 934215 and lot 1 DP 902233, known as 53, 55 and 57 Pittwater Road, Manly.

The site 2 The site is on the western side of Pittwater Road, between Denison and Carlton Streets. The rear boundary is to Kangaroo Lane. The site is flat and its area is 908m2. The existing buildings occupy the entire site and are vacant.

3 The adjoining site to the north is 59 Pittwater Road, where a Salvation Army building stands. To the north of that is another Salvation Army building that is a heritage item. The adjoining site to the south is 51 Pittwater Road, a residential flat development called the Manly Mews.

4 The surrounding area is a mix of terrace houses, single dwellings, shops and offices. There are also apartment buildings of three and five storeys and a four-storey former hotel.