Quarantine Investments Co Pty Ltd v Manly Council [2013] NSWLEC 1222

Land and Environment Court New South Wales

Medium Neutral Citation: Quarantine Investments Co Pty Ltd v Manly Council [2013] NSWLEC 1222 Hearing dates: 18 November, 2013 Decision date: 22 November 2013 Jurisdiction: Class 1 Before: O'Neill C Decision: 1. The appeal is upheld. 2. Development Application No. 216/2012 for an extension to the awning over the eastern deck, roll down clear blinds to enclose the deck and a trial period of extended trading hours on the eastern deck is approved, subject to the conditions in Annexure A. 3. The exhibits, other than exhibits 6 and L, are returned. Catchwords: DEVELOPMENT APPLICATION: Extension of awning with roll down clear blinds to enclose eastern deck area of Manly Wharf Hotel and impacts on views of the harbour from the public domain; extension of trading hours for the eastern deck and acoustic impacts. Legislation Cited: Environmental Planning and Assessment Act 1979 Land and Environment Court Act 1979 Cases Cited: Rose Bay Marina Pty Limited v Woollahra Municipal Council and anor [2013] NSWLEC 1046 TGM Developments Pty Ltd v Manly Council [2013] NSWLEC 1099 Category: Principal judgment Parties: Quarantine Investments Co Pty Ltd Manly Council Representation: Mr C. McEwen SC (Applicant) Ms L. Finn (Solicitor) (Respondent) Solicitors Sparke Helmore (Applicant) HWL Ebsworth Lawyers (Respondent) File Number(s): 10304 of 2013

Judgment 1COMMISSIONER: This is an appeal pursuant to the provisions of s97 of the Environmental Planning and Assessment Act 1979 against the refusal of Development Application No. 216/2012 for an extension of the awning over the eastern deck, the addition of roll down clear blinds around the perimeter of the awning and an extension of hours for the use of the eastern deck until midnight (the proposal) by Manly Council (the Council) at the Manly Wharf Hotel, East Esplanade, Manly (the site).