Pritchard v Manly Council [2014] NSWLEC 1186

Land and Environment Court New South Wales

Medium Neutral Citation: Pritchard v Manly Council [2014] NSWLEC 1186 Hearing dates: 5 September 2014 Decision date: 09 September 2014 Jurisdiction: Class 1 Before: Tuor C Decision: 1.The appeal is upheld. 2.The development (DA 20/2014) for alterations and additions to an existing residential flat building, including a roof terrace at 6 Fairlight Crescent, Manly, is approved subject to the conditions in Annexure "A". 3.The exhibits, except Exhibits 6, A, B and E, are returned. Catchwords: DEVELOPMENT APPLICATION - roof terrace. Impact on privacy and views. Legislation Cited: Environmental Planning and Assessment Act 1979 Land and Environment Court Act 1979 State Environmental Planning Policy No 1 - Development Standards State Environmental Planning Policy (Exempt and Complying Development Codes) 2008 Manly Local Environmental Plan 2013 Cases Cited: Futurespace Pty Ltd v Ku-ring-gai Council [2009] NSWLEC 153 Tenacity Consulting v Warringah Council [2004] NSWLEC 140 Wehbe v Pittwater Council [2007] NSWLEC 827 Category: Principal judgment Parties: John Duncan Pritchard (Applicant)

Manly Council (Respondent) Representation: Mr M Staunton (Applicant) Mr S Shneider of Houston Dearn O'Conner (Respondent) File Number(s): 10225 of 2014

Judgment 1This is an appeal under the Environmental Planning and Assessment Act 1979 (the Act) against the refusal by Manly Council (council) of a development application (DA 20/2014) for alterations and additions to an existing residential flat building, including a roof terrace at 6 Fairlight Crescent, Manly (site). 2The key issues in dispute are that the proposed roof terrace will result in visual and aural privacy impacts and view loss to adjoining and nearby properties.