Freeman v Manly Council

Land and Environment Court New South Wales Medium Neutral Citation: Freeman v Manly Council [2015] NSWLEC 1163 Hearing dates:12 May 2015Date of orders: 19 May 2015 Decision date: 19 May 2015 Jurisdiction:Class 1Before: Moore SC Decision: See orders at (18). Catchwords: MODIFICATION APPLICATION: substantially the same as the originally approved development; boarding house; leave granted to amend; converting one proposed residence to an additional boarding room; parking; no issues pressed by Council after amendment of proposal; consideration of objections; no basis to refuse amended modification proposal Cases Cited: Moto Projects (No 2) Pty Limited v North Sydney Council [1999] NSWLEC 280; (1999) 106 LGERA 298 Category:Principal judgmentParties: Nick Freeman (Applicant) Manly Council (Respondent) Representation: Counsel Mr M Staunton, barrister (Applicant) Mr A Seton, solicitor (Respondent) Solicitors N/A (Applicant) Marsdens Law Group (Respondent) File Number(s):10944 of 2014JudgmentIntroduction SENIOR COMMISSIONER: Parkview Road runs to the north from its intersection with Sydney Road near the top of the hill where Sydney Road descends to the Manly Village. On the high side of the intersection of Parkview Road and Sydney Road, there is a single dwelling. The applicant has development consent to demolish the dwelling and, in its place, erect a boarding house with 21 boarding rooms (including a manager’s residence) and, on top of this structure, two residential apartments each of which would have two bedrooms. The development consent also encompasses the provision of 11 parking spaces, some of which are allocated to the boarding house and some to the approved apartments. A...