Linforth v Manly Council [2012] NSWLEC 1352

Land and Environment Court New South Wales

Medium Neutral Citation: Linforth v Manly Council [2012] NSWLEC 1352 Hearing dates: 4-5 September 2012 Decision date: 19 December 2012 Jurisdiction: Class 1 Before: Tuor C Decision: See paragraphs 53-55 Catchwords: DEVELOPMENT APPLICATION - residential flat building, design, amenity impacts, view loss, landscaping. Legislation Cited: Environmental Planning and Assessment Act Manly Local Environmental Plan 1988 Cases Cited: Tenacity Consulting v Warringah Council [2004] NSWLEC 140 Category: Principal judgment Parties: Steven & Stanislawa Linforth (Applicant)

Manly Council (Respondent) Representation: Mr A Galasso SC (Applicant)

Mr S Kondilios, solicitor (Respondent) Solicitors McKee's Legal Solutions (Applicant)

Maddocks Lawyers (Respondent) File Number(s): 11221 of 2011

Judgment 1This is an appeal against the refusal by Manly Council (council) of a development application (DA 294/2011) under the Environmental Planning and Assessment Act 1979 (EPA Act) for a residential flat building at 31 The Crescent, Manly (site). 2The key contention is whether the development adversely impacts on the amenity of adjoining residents, principally through view loss.

Site and locality 3The site is on the northern side of Commonwealth Parade and is set above the street behind a sandstone retaining wall. It is wedge shaped with frontages to The Crescent (9.155 m) and Commonwealth Parade (15.855 m) and a site area of 533.4 sq m. The site has a fall of approximately 6 m from north to south. 4The site currently contains a part one and part two storey detached dwelling with vehicular access from The Crescent. Pedestrian access to the site is from both Commonwealth Parade and The Crescent. 5The site is opposite a waterfront reserve on the southern side of Commonwealth Parade, which provides extensive views across Manly Cove to Sydney Harbour. Adjoining the site to its east, is a seven storey residential flat buildings (29 The Crescent), and to the west is a three storey residential flat building (33 The Crescent). To the north, on the opposite side of The Crescent, is a recent four storey residential flat building (12 The Crescent). 6Development within the vicinity of the site is a mixture of residential development, ranging from detached dwelling houses to residential flat buildings of varying heights, styles and periods.