Bombell v Manly Council [2014] NSWLEC 1058

Land and Environment Court New South Wales

Medium Neutral Citation: Bombell v Manly Council [2014] NSWLEC 1058 Hearing dates: 26-27 March 2014 Decision date: 04 April 2014 Jurisdiction: Class 1 Before: O'Neill C Decision: 1. The appeal is upheld. 2. Development Application No. 50/2013 for the demolition of existing structures and construction of a three storey dwelling, pool and landscaping is approved, subject to the conditions of consent at Annexure A. 3. The exhibits, other than exhibits 3, A and F, are returned. Catchwords: DEVELOPMENT APPLICATION: demolition of existing structures and construction of a new dwelling; view loss; setbacks; open space and landscaping; impact on the foreshore scenic protection area Legislation Cited: Environmental Planning and Assessment Act 1979 Land and Environment Court Act 1979 Cases Cited: Maygood Australia Pty Ltd v Willoughby City Council [2013] NSWLEC 142 Newbury District Council v the Secretary of State for the Environment (1981) AC 578 Tenacity Consulting v Warringah [2004] NSWLEC 140 Category: Principal judgment Parties: Damien Bombell & Julia Schneemann (Applicant) Manly Council (Respondent) Representation: Mr A Galasso SC (Applicant) Ms C Schofield Solicitor (Respondent) Hones La Hood Lawyers (Applicant) Pikes & Verekers Lawyers (Respondent) File Number(s): 10633 of 2013

Judgment 1COMMISSIONER: This is an appeal pursuant to the provisions of s 97 of the Environmental Planning and Assessment Act 1979 against the refusal of Development Application No. 50/2013 for the demolition of existing structures and the construction of a three storey house, pool and landscaping (the proposal) at 121 North Steyne, Manly (the site), by Manly Council (the Council). 2The appeal was subject to mandatory conciliation on 22 October 2013, in accordance with the provisions of s 34 of the Land and Environment Court Act 1979 (LEC Act). As no agreement was reached during the conciliation phase, the conciliation conference was terminated on 5 December 2013 pursuant to s 34(4) of the LEC Act.