Blackmore Design Group Pty Ltd v Manly Council [2013] NSWLEC 1220

Land and Environment Court New South Wales

Medium Neutral Citation: Blackmore Design Group Pty Ltd v Manly Council [2013] NSWLEC 1220 Hearing dates: 28-29 October, 2013 Decision date: 20 November 2013 Jurisdiction: Class 1 Before: O'Neill C Decision: 1. The appeal is upheld. 2. Development Application No. 280/2012 for the demolition of two buildings and the construction of a short term holiday accommodation development of 20 units is approved, subject to the conditions in Annexure A. 3. The exhibits, other than exhibits 3 and J, are returned. Catchwords: DEVELOPMENT APPLICATION: short term holiday accommodation units within the Tourist Area; demolition of two buildings within a heritage conservation area; number of storeys; size basement carpark; impacts on amenity of adjoining residential properties; maximum length of stay; on-site manager's hours. Legislation Cited: Environmental Planning and Assessment Act 1979 Land and Environment Court Act 1979 Cases Cited: BGP Properties Pty Limited v Lake Macquarie City Council [2004] NSWLEC 399 par 117 Helou v Strathfield Municipal Council [2006] NSWLEC 66 Stockland Development Pty Ltd v Manly Council [2004] NSWLEC 472 Category: Principal judgment Parties: Blackmore Design Group Pty Ltd (Applicant) Representation: Mr M. Staunton (Barrister) (Applicant) Mr S. Schneider (Solicitor) (Respondent) Solicitors Sattler & Associates (Applicant) Houston Dearn O'Connor (Respondent) File Number(s): 10369 of 2013