Owen Haviland Architects Pty Limited v. Manly Council [1998] NSWLEC 126

Land and Environment Court of New South Wales

CITATION : Owen Haviland Architects Pty Limited v. Manly Council [1998] NSWLEC 126 APPLICANT Owen Haviland Architects Pty Ltd PARTIES : RESPONDENT Manly Council FILE NUMBER(S) : 10140 of 1998 CORAM: Cowdroy J KEY ISSUES: :- Environmental Planning and Assessment Act 1979 LEGISLATION CITED: Manly Local Environmental Plan 1998 Manly Development Control Plan for the Residential Zone 1986 (Amendment 3) CASES CITED: North Sydney Council v Ligon 302 Pty Limited (1995) 87 LGERA 435 per Kirby ACJ at 439; North Sydney Council v Ligon 302 Pty Limited [No2] (1996) 93 LGERA 23 per Cole JA at 25) DATES OF HEARING: 16/10/98, 19/10/98 DATE OF JUDGMENT: 10/29/1998

APPLICANT Mr D Wilson Storey & Gough LEGAL REPRESENTATIVES: RESPONDENT Mr J Cole Abbott Tout

JUDGMENT: 1. By application Class 1 Owen Haviland Architects Pty Limited ("the Applicant") appeals against the deemed refusal and subsequent refusal of Manly Council ("the Council") of a development application ("DA 479/97") made in respect of premises known as 78 Wanganella Street, Balgowlah being land contained in Lot A Deposited Plan 309348 ("the site"). The appeal comes before the Court pursuant to Section 97 of the Environmental Planning and Assessment Act 1979 ("the EPA Act"), and is determined in accordance with the provisions of the Act as it existed immediately before the amendments thereto which took effect on 1 July 1998.