A. and M. Bertini v. Manly Municipal Council [1989] NSWLEC 210

Land and Environment Court of New South Wales

CITATION : A. and M. Bertini v. Manly Municipal Council [1989] NSWLEC 210 APPLICANT A. and M. Bertini PARTIES : RESPONDENT Manly Municipal Council FILE NUMBER(S) : 10435 of 1988 CORAM: Hemmings J KEY ISSUES: :- LEGISLATION CITED: Environmental Planning and Assessment Act Local Government Act 1919 North Sydney Municipal Council v. Lycenko & Associates Pty Ltd, 15thNovember, 1988 (unreported).; Gozier v. Tate (1946) 64WN(NSW)1; Nash v. Stielow [1950] VLR39; CASES CITED: Glamorgan County Council v. Carter [1963] 1WLR1; Vambaca v. Baulkham Hills Shire Council (1979) 39LGRA309; Randwick Municipal Council v. Manousaki, Court ; of Appeal, 26thSeptember, 1988 DATES OF HEARING: 16/05/89 DATE OF JUDGMENT: 06/23/1989

APPLICANT B.L Doyle LEGAL REPRESENTATIVES: RESPONDENT M.J Astill

JUDGMENT:

HIS HONOUR: The applicants are the registered proprietors of premises known as 3Cove Avenue, Manly, and acquired those premises by contract dated 29thMarch, 1985. They made application to the Manly Municipal Council ("the Council") to use the existing premises on the land for the purpose of a dwelling house. Until about April, 1988 the said premises had been used for the purpose of a boarding house for at least twenty-five years, and the Council gave notice of the determination of the application by notice dated 19thAugust, 1988 by refusing the application for the following reasons:|CF2.|PSI