Manenti v Canada Bay City Council [2011] NSWLEC 1351

Land and Environment Court New South Wales

Medium Neutral Citation: Manenti v Canada Bay City Council [2011] NSWLEC 1351 Hearing dates: 2 December 2011 Decision date: 05 December 2011 Jurisdiction: Class 1 Before: Tuor C Decision: 1. The appeal is upheld. 2. The development application for alterations and additions to an existing dwelling at 18 Rosemeadow Drive, Cabarita, is approved subject to the conditions in Annexure A. 3. The exhibits, except Exhibits 1, 3 and A may be returned. Catchwords: APPEAL - development application. Impact on streetscape and symmetry of existing townhouses. Precedent and public interest. Legislation Cited: Environmental Planning and Assessment Act 1979 Canada Bay Local Environmental Plan 1995 Category: Principal judgment Parties: Peter and Antoinietta Manenti (Applicant)

Canada Bay City Council (Respondent) Representation: Counsel Mr M Staunton, barrister (Applicant)

Mr A Hudson, solicitor (Respondent) Solicitors Joseph P Saad & Co Solicitors (Applicant)

Wilshire Webb Staunton Beattie (Respondent) File Number(s): 10887 of 2011

Judgment 1This is an appeal against the refusal by Canada Bay City Council (council) of a development application under s 97 the Environmental Planning and Assessment Act 1979 (EPA Act) for alterations and additions to an existing dwelling at 18 Rosemeadow Drive, Cabarita.

The site and its locality 2The site is a Torrens title allotment that is part of a housing estate known as Cape Cabarita. It is a battle-axe shaped allotment with an area of 375 sq m and a frontage of 2.85 m to Rosemeadow Drive. The site is developed with a two storey attached dwelling that is at the end of a group of five dwellings (18-22 Rosemeadow Drive). The northeastern boundary of the site adjoins an access way, which provides vehicle access to the garage of 17 and 18 Rosemeadow Drive and pedestrian access to the foreshore reserve and Parramatta River. There is a similar group of attached dwellings on the other side of the access way (13-17 Rosemeadow Drive). 3Cape Cabarita is a master planned housing estate that includes two storey dwellings and multi unit apartments with shared communal facilities and open space.