Sketch Design Studio (t/as SketchArc) v Manly Council [2015] NSWLEC 1202

Land and Environment Court New South Wales

Medium Neutral Citation: Sketch Design Studio (t/as SketchArc) v Manly Council [2015] NSWLEC 1202 Hearing dates: 11 December 2014 and 10 March 2015 Decision date: 04 June 2015 Jurisdiction: Class 1 Before: O'Neill C Decision: 1.The appeal is upheld in part. 2.Development Consent No. 5/2014 for alterations and additions to an existing semi-detached dwelling, including a new first floor, at 4 Rolfe Street, Manly, is modified by the consolidated conditions of consent at Annexure A. 3.The exhibits, other than exhibits 1, 15, A, B and H, are returned. Catchwords: DEVELOPMENT CONSENT: appeal against three deferred commencement conditions imposed on the development consent granted by Council; on-site parking in the front setback; bulk and scale; flood hazard. Legislation Cited: Environmental Planning and Assessment Act 1979 Land and Environment Court Act 1979 Cases Cited: Stockland Development Pty Ltd v Manly Council [2004] NSWLEC 472 Strathfield Municipal Council v Poynting (2001) 116 LGERA 319 Category: Principal judgment Parties: Sketch Design Studio (t/as SketchArc) (Applicant) Manly Council (Respondent) Representation: Counsel: Mr P. Vergotis, Solicitor (Applicant) Mr R. O'Gorman-Hughes, Barrister (Respondent)

Solicitors: TressCox Lawyers (Applicant) Manly Council (Respondent) File Number(s): 10572 of 2014

Judgment 1. COMMISSIONER: This is an appeal pursuant to the provisions of s 97 of the Environmental Planning and Assessment Act 1979 (EPA Act) against the imposition of three deferred commencement conditions on Development Consent No. 5/2014 for alterations and additions to an existing semi-detached dwelling, including a new first floor, hardstand car space and front fence (the consent), at 4 Rolfe Street, Manly (the site) by Manly Council (the Council). 2. The appeal was subject to mandatory conciliation on 8 October, 2014, in accordance with the provisions of s 34 of the Land and Environment Court Act 1979 (LEC Act). As agreement was not reached during the conciliation phase, the conciliation conference was terminated on 14 October, 2014, pursuant to s 34(4) of the LEC Act. Minor amendments were made to the proposal following the termination of the conciliation conference and leave was granted by the Court on 27 October, 2014 for the applicant to rely on the amended proposal. The parties consented to the admission of evidence given during the conciliation conference in the hearing, pursuant to s 34(12) LEC Act.