Vescio v Manly Council [2012] NSWLEC 1098

Land and Environment Court New South Wales

Medium Neutral Citation: Vescio v Manly Council [2012] NSWLEC 1098 Hearing dates: 10 April 2012 Decision date: 24 April 2012 Jurisdiction: Class 1 Before: Pearson C and O'Neill C Decision: 10912 of 2011: Appeal dismissed 10087 of 2012: Appeal upheld Catchwords: DEVELOPMENT APPLICATION -Townhouse development - Torrens title subdivision - minimum lot size- desired future character Legislation Cited: Environmental Planning and Assessment Act 1979 Conveyancing Act 1919 Land and Environment Court Act 1979 Strata Schemes Management Act 1996 Manly Local Environmental Plan 1988 Cases Cited: Brendan Howell v City of Canada Bay [2005] NSWLEC 335 Gordon & Valich Pty Ltd v City of Sydney Council [2007] NSWLEC 780 Meriton v Sydney City Council [2004] NSWLEC 313 Sindesi Properties Pty Ltd v Campbelltown City Council [2007] NSWLEC 436 Tuite v Wingecarribee Council (No 2) [2008] NSWLEC 321 Category: Principal judgment Parties: Joe Vescio (Applicant) Manly Council (Respondent) Representation: Counsel Dr Steven Berveling (Applicant) Mr Michael Winram (Respondent) Solicitors Maddocks (Respondent) File Number(s): 10912 of 2011 10087 of 2012

Judgment 1COMMISSIONERS: There are two appeals pursuant to s97 of the Environmental Planning and Assessment Act 1979 (the Act) before the Court relating to 112 Sydney Road Fairlight (the site). Appeal 10912 of 2011 is against the refusal by the respondent Council of Development Application DA48/11 for the subdivision of the site into four lots (the Subdivision appeal). Appeal 10087 of 2012 is against the refusal of Development Application DA343/10 for demolition of an existing dwelling and construction of four townhouses on the site (the Townhouses appeal).