NSW Caselaw
Land and Environment Court New South Wales
Medium Neutral Citation: Barkway v Manly Council [2012] NSWLEC 1070 Hearing dates: 14 March 2012 Decision date: 22 March 2012 Jurisdiction: Class 1 Before: O'Neill C Decision: 1. The appeal is dismissed. 2. Development Application No. 280/10 for a third storey addition is refused consent. 3. The exhibits, other than tab 18 of exhibit 1, 2 and 4 are returned. Catchwords: DEVELOPMENT APPLICATION: alterations and additions to an existing dwelling, height/bulk, view sharing, residential character. Legislation Cited: Environmental Planning and Assessment Act 1979 Land and Environment Court Act 1979 Cases Cited: Goldin & Anor v Minister for Transport Administering the Ports Corporatisation and Waterways Management Act 1995 [2002] NSWLEC 75 Schaffer Corporation Ltd v Hawkesbury City Council (1992) 77 LGRA 21 Tenacity Consulting v Warringah [2004] NSWLEC 140 Texts Cited: Manly Local Environment Plan 1988 Manly Development Control Plan for the Residential Zone 2007 Amendment 1 Category: Principal judgment Parties: Mr Trevor Barkway (Applicant)
Manly Council (Respondent) Representation: Counsel Mr J Thompson, solicitor (Applicant)
Mr I Hemmings, barrister (Respondent) Solicitors Richie & Castellan Solicitors (Applicant)
DLA Piper Solicitors (Respondent) File Number(s): 11141 of 2011
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