Fang v Manly Council [2011] NSWLEC 1335

Land and Environment Court New South Wales

Medium Neutral Citation: Fang v Manly Council [2011] NSWLEC 1335 Hearing dates: 19-20 October 2011 Decision date: 23 November 2011 Jurisdiction: Class 1 Before: Fakes C Decision: Appeal dismissed Catchwords: DEVELOPMENT APPLICATION: alterations and additions to a dwelling; height, FSR, bulk and scale; impacts on views and privacy; tree retention Legislation Cited: Environmental Planning & Assessment Act 1979 Land and Environment Court Act 1979 Manly Local Environmental Plan 1988 Cases Cited: Tenacity Consulting v Warringah [2004] NSWLEC 140 Category: Principal judgment Parties: Xiu Yan Fang (Applicant) Manly Council (Respondent) Representation: Applicant: Ms Saw (Counsel) Respondent: Ms Schofield (Solicitor) Respondent: Pikes Lawyers File Number(s): 10744 of 2011

Judgment 1COMMISSIONER: This is an appeal pursuant to s 97 of the Environmental Planning & Assessment Act 1979 (the Act) against the refusal by Manly Council (the council) of Development Application No 11/10 for alterations and additions to an existing residential dwelling at 44 Alma Street Clontarf (the site). 2The appeal commenced as a conciliation conference under s 34AA of the Land and Environment Court Act 1979 (the Court Act). As no agreement could be reached between the parties, the conciliation was terminated in accordance with s 34(4) of the Court Act and the matter proceeded to a hearing. However, during the conciliation process, minor adjustments to the proposal were discussed and leave was granted for the applicant to rely on amended plans. The respondent agreed that the amendments were minor and their position was not prejudiced.