Donohoe v Manly Council [2014] NSWLEC 1214

Land and Environment Court New South Wales

Medium Neutral Citation: Donohoe v Manly Council [2014] NSWLEC 1214 Hearing dates: 18-19 September 2014 Decision date: 20 October 2014 Jurisdiction: Class 1 Before: O'Neill C Decision: 1. The appeal is upheld. 2. Development Consent No. 21/2012, for 46 White Street, Balgowlah, is modified by enlarging the basement, adding a study to each townhouse, modifying the form of the roofs and making minor changes to the internal layout of each townhouse, in accordance with the consolidated conditions of consent at Annexure 'A'. 3. The exhibits, other than exhibits 2, 7 and A, are returned. Catchwords: MODIFICATION APPLICATION: impact on views, extent of excavation, building bulk and landscaped area Legislation Cited: Environmental Planning and Assessment Act 1979 Land and Environment Court Act 1979 Cases Cited: Donohoe v Manly [2013] NSWLEC 1113 Evans v Balog [1976] 1 NSWLR 36 Category: Principal judgment Parties: Shane Donohoe (Applicant) Manly Council (Respondent) Representation: Mr M Staunton Barrister (Applicant) Ms C Schofield Solicitor (Respondent) Sattler & Associates (Applicant) Pikes & Verekers Lawyers (Respondent) File Number(s): 10289 of 2014

Judgment 1COMMISSIONER: On 9 August 2013, the Court granted consent to Development Application No. 21/2012 (the consent) for the demolition of a dwelling house and swimming pool and construction of 3 x 2 storey dwellings over a part basement garage, including courtyards, balconies and landscaping works, at 46 White Street, Balgowlah (the site) (Donohoe v Manly [2013] NSWLEC 1113 [Donohoe]). This is an application made to the Court, pursuant to the provisions of s 96(8) of the Environmental Planning and Assessment Act 1979, to modify that consent, by enlarging the basement, adding a study to each townhouse, modifying the form of the roofs and making minor changes to the internal layout of each townhouse (the proposal).