Lozevski v Manly Council [2008] NSWLEC 1379

Land and Environment Court of New South Wales

CITATION : Lozevski v Manly Council [2008] NSWLEC 1379

APPLICANT Bill Lozevski PARTIES : RESPONDENT Manly Council

FILE NUMBER(S) : 10314 of 2008

CORAM: Bly C

KEY ISSUES: Development Application :- demolition of existing residential flat buildings, new residential flat building, requirements of development control plan, floor space ratio, density, wall height, open space, excavation, setbacks, privacy, views.

Environmental Planning and Assessment Act 1979 LEGISLATION CITED: Land and Environment Court Act 1979 Manly Local Environmental Plan 1988 Development Control Plan for the Residential Zone 2007 -Amendment 1

CASES CITED: Zhang v Canterbury City Council [2001] NSWCA 167 Lozevski v Manly Council [2007] NSWLEC 446

DATES OF HEARING: 25, 26 and 27 August 2008

DATE OF JUDGMENT: 25 September 2008

APPLICANT Mr J. Robson SC Instructed by McKees Solicitors

LEGAL REPRESENTATIVES:

RESPONDENT Miss C Schofield, solicitor of Pike's Lawyers

JUDGMENT: THE LAND AND ENVIRONMENT COURT OF NEW SOUTH WALES

Bly C

26 September 2008

10314 of 2008 Bill Lozevski v Manly Council

JUDGMENT Introduction 1 This appeal relates to a development application for the demolition of two existing residential flat buildings and the erection of a new residential flat building containing four dwellings with basement car parking for seven cars at 110-112 Bower Street, Manly (Lot 27 DP 3806). Each of the four three-bedroom/study dwellings will have large decks with north-easterly aspects over the foreshore and the ocean. The existing residential flat buildings are two/three storeys in height, have access off Bower Street and together contain eight dwellings.