Ingham Planning Pty Ltd v Manly Council [2007] NSWLEC 247

Land and Environment Court of New South Wales

CITATION : Ingham Planning Pty Ltd v Manly Council [2007] NSWLEC 247 This decision has been amended. Please see the end of the judgment for a list of the amendments.

APPLICANT Ingham Planning Pty Ltd PARTIES : RESPONDENT Manly Council

FILE NUMBER(S) : 11008 of 2006

CORAM: Hoffman C

KEY ISSUES: Development Application :- replace an existing 4-storey building with a new 4-storey building, floor space ratio, density, wall height, side setbacks, streetscape, shadows, bulk/scale, privacy.

Environmental Planning and Assessment Act 1979 State Environmental Planning Policy No 65 LEGISLATION CITED: State Environmental Planning Policy No 10 Manly Local Environmental Plan 1998 Manly Development Control Plan for the Residential Zones 2001

DATES OF HEARING: 21/03/2007 and 22/03/2007

DATE OF JUDGMENT: 4 May 2007

APPLICANT Mr C. McEwen, SC Instructed by Mr M. Staunton of Staunton and Beattie LEGAL REPRESENTATIVES:

RESPONDENT Mr S. Griffiths, solicitor Instructed by Ms R. Vickers of Pike Pike and Fenwick

JUDGMENT: THE LAND AND ENVIRONMENT COURT OF NEW SOUTH WALES

Commissioner Hoffman

4 May 2007

11008 of 2006 Ingham Planning Pty Ltd v Manly Council

JUDGMENT 1 This is a Class1 Appeal No. 11008 of 2006 between Ingham Planning Pty Ltd and Manly council in regard to the deemed refusal of consent to demolish an existing 4-storey building containing 10 studio apartments and one cottage and a garage, and replace them with a new 4-storey building with only one apartment per floor and underground part-basement carpark for 6 cars plus one above ground visitor space at Nos. 11-13 The Crescent, Manly Cove.