Tricon Services Group Pty Ltd v Manly Council (No.3) [2012] NSWLEC 1145

Land and Environment Court New South Wales

Medium Neutral Citation: Tricon Services Group Pty Ltd v Manly Council (No.3) [2012] NSWLEC 1145 Hearing dates: 11 March 2012, re-opened hearing 25 May 2012 Decision date: 01 June 2012 Jurisdiction: Class 1 Before: Brown ASC Decision: 1.The appeal is dismissed. 2.DA13/2010 for the demolition of all existing improvements and the construction of a mixed commercial/residential development at 46, 47 and 48 North Steyne, Manly is refused. 3.The exhibits are returned with the exception of exhibit 1. Catchwords: REMITTED PROCEEDINGS: s 56A appeal - interpretation of height controls - mixed commercial/residential development Legislation Cited: Environmental Planning and Assessment Act 1979 Cases Cited: Barecall Pty Ltd v Manly C [2006] NSWLEC 67 Tenacity Consulting Pty Ltd v Warringah Council [2004] 134 LGERA 23 Tricon Services Group Pty Ltd v Manly Council [2011] NSWLEC 1271 Tricon Services Group Pty Ltd v Manly Council [2011] NSWLEC 253 Category: Principal judgment Parties: Tricon Services Group Pty Ltd (Applicant) Manly Council (Respondent) Representation: Counsel Mr J Doyle, barrister (Applicant) Mr M Staunton, barrister (Respondent) Solicitors Hunter Lawyers (Applicant) HWL Ebsworth (Respondent File Number(s): 10584 of 2010

Judgment 1ACTING SENIOR COMMISSIONER: These are remitted proceedings following the decision of the Chief Judge on 16 December 2012 (Tricon Services Group Pty Ltd v Manly Council [2011] NSWLEC 253) (the appeal judgment) to allow three grounds (Grounds 1, 3 and pt 4) of an appeal under s 56A of the Land and Environment Court Act 1979. The appeal was in response to the Courts refusal of Development Application DA13/2010 for the demolition of all existing improvements and the construction of a mixed commercial/residential development at 46, 47 and 48 North Steyne, Manly (Tricon Services Group Pty Ltd v Manly Council [2011] NSWLEC 1271) (the original judgment). 2Order 3 of the appeal judgment states: 3. The matter is remitted to the Commissioner for determination by the Commissioner in accordance with decision of the Court. 3After the remitted hearing on 11 March 2012 and prior to the judgment being handed down, the applicant filed a Notice of Motion to re-open the hearing. The Notice of Motion was heard on 25 May 2012 where leave was granted to re-open the hearing for submissions on: * the decision of Hussey C in Barecall Pty Ltd v Manly C [2006] NSWLEC 67 for the development at 42 North Steyne, Manly, * the plans, orders and conditions of approval in Barecall, and * photographs of the building approved in Barecall.