Goarin v Manly Council [2014] NSWLEC 1108

Land and Environment Court New South Wales

Medium Neutral Citation: Goarin v Manly Council [2014] NSWLEC 1108 Hearing dates: 27, 28 May 2014 Decision date: 13 June 2014 Jurisdiction: Class 1 Before: Brown C Decision: 1. The appeal is dismissed. 2. DA 60/2013 for the construction of a dwelling house at 40 Pine Street Manly is refused. 3. The exhibits are returned with the exception of exhibit 1. Catchwords: DEVELOPMENT APPLICATION: construction of a one-bedroom dwelling house - inadequate front, rear and side setbacks - inadequate vehicular access and lack of off street parking - absence of water and sewer facilities - inadequate open space and landscaping - inadequate access for waste collection - unacceptable overlooking - unacceptable impact on streetscape Legislation Cited: Environmental Planning and Assessment Act 1979 Environmental Plan and Assessment Model Provisions 1980 Manly Local Environmental Plan 1988 Manly Local Environmental Plan 2013 Cases Cited: BGP Properties Pty Limited v Lake Macquarie City Council [2004] NSWLEC 399 Category: Principal judgment Parties: Herve and Rene Goarin (Applicant) Manly Council (Respondent) Representation: Mr T Sattler, solicitor (Applicant) Mr M Winram, solicitor (Respondent) Tony Sattler & Associates Pty Ltd (Applicant) Maddocks Lawyers (Respondent) File Number(s): 10102 of 2014 Publication restriction: No

Judgment 1COMMISSIONER: This is an appeal against the refusal by Manly Council of DA 60/2013 for the construction of a one-bedroom dwelling house at 40 Pine Street Manly (the site). 2The council maintains that the application should be refused because of: 1. inadequate front, rear and side setbacks together with inconsistency with the objectives for the setback controls, 2. inadequate vehicular access and lack of off street parking, 3. absence of water and sewer facilities to the site, 4. inadequate access for waste collection, 5. inadequate open space and landscaping, 6. unacceptable overlooking of adjoining properties, and 7. unacceptable impact on streetscape. 3The concerns expressed by the council were reiterated by a number of residents who provided evidence on the site inspection.