Manotik and anor v Warringah Council [2008] NSWLEC 1463

Land and Environment Court of New South Wales

CITATION : Manotik and anor v Warringah Council [2008] NSWLEC 1463

APPLICANT Manotik Pty Limited and Tadros Holdings Pty Limited PARTIES : RESPONDENT Warringah Council

FILE NUMBER(S) : 10647 of 2008

CORAM: Brown C

KEY ISSUES: Development Application :- demolition of an existing single storey dwelling previously used as a police station and the construction of a 3 storey apartment building - consideration of Desired Future Character Statement - streetscape/ character - view loss - overlooking - solar access

LEGISLATION CITED: Environmental Planning and Assessment Act 1979 Warringah Local Environmental Plan 2000

DATES OF HEARING: 08/09/08, 05/11/08, additional information 12/11/08

DATE OF JUDGMENT: 18 November 2008

APPLICANT Mr C Gough, solicitor SOLICITORS Storey & Gough LEGAL REPRESENTATIVES: RESPONDENT Mr N Howie, solicitor SOLICITORS Willshire Webb Staunton & Beattie

JUDGMENT:

THE LAND AND ENVIRONMENT COURT OF NEW SOUTH WALES

Brown C

18 November 2008

10647 of 2008 Manotik Pty Limited and Tadros Holdings Pty Limited v Warringah Council

JUDGMENT 1 COMMISSIONER: This is an appeal against the refusal of DA 2008/0351 by Warringah Council (the council) for the demolition of an existing single storey dwelling previously used as a police station and the construction of a 3 storey apartment building containing six apartments with basement car parking at 12 Ramsay Street Collaroy (the site). The background 2 The matter was heard as a s 34 conference on site on 8 September 2008 where the conciliation conference was adjourned without termination for the applicant to prepare amended plans and the council to readvertise the amended plans. Directions were given for the preparation of the amended plans, the advertising and the timing of the reconvened s 34 conference. 3 The reconvened s 34 conference was held on site on 5 November 2008. The amended plans provided the following major changes: o the removal of the stepped floor level through the building with a single level through increased excavation at the rear of the site, o the reduction in overall height by 1.5 m to 1.8 m, o the use of a flatter roof form, o the repositioning of the external access from the western side to the eastern side of the building because of the greater separation between adjoining buildings, o the use of angled windows and privacy louvres to address overlooking to the west, and o amendments to the landscaping plan to replace the taller trees with smaller trees to address view loss and overshadowing.