Adjani Corporation Pty Limited v Manly Council [2004] NSWLEC 337

Adjani Corporation Pty Limited v Manly Council [2004] NSWLEC 337

The proposal, despite minor non-compliance with height and setbacks, achieves a consistent and coherent townscape and reasonable streetscape, provides adequate internal amenity, solar access, landscaping and privacy, and is consistent with the objectives of the relevant planning instruments and development control plans. Subject to conditions addressing amenity and rights of way, the appeal is upheld and approval is granted.

Jurisdiction
Australia
Judgment Date
23 June 2004
Procedural Posture
Development Application Appeal / Judgment and Modification Appeal
Outcome
appeal upheld, modification appeal upheld
Legal Topics
['development Application' 'residential Flat Building' 'modification of Consent' 'urban Design' 'height and Bulk Controls' 'solar Access' 'amenity' 'townscape' 'right of Way']
['planning Law' 'environmental Law'] ['development Application' 'residential Flat Building' 'modification of Consent' 'urban Design' 'height and Bulk Controls' 'solar Access' 'amenity' 'townscape' 'right of Way']

Case Brief

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Procedural Posture

Development Application Appeal / Judgment and Modification Appeal

Legal Issues

  1. 1 ['Whether development complies with Manly Local Environmental Plan 1988 and Development Control Plans for height, bulk, setbacks, and floor space ratio; Whether proposal satisfies design quality principles set out in State Environmental Planning Policy No 65; Adequacy of solar access, privacy, internal amenity, landscaping, and loading facilities; Impact on streetscape, views, and public interest; Effect on existing right of way']

Ratio Decidendi

The proposal, despite minor non-compliance with height and setbacks, achieves a consistent and coherent townscape and reasonable streetscape, provides adequate internal amenity, solar access, landscaping and privacy, and is consistent with the objectives of the relevant planning instruments and development control plans. Subject to conditions addressing amenity and rights of way, the appeal is upheld and approval is granted.

Court Disposition

appeal upheld, modification appeal upheld

Orders

  • ['The appeal under s 97 of the Environmental Planning and Assessment Act 1979 is upheld.' 'The development application No 288/02 to demolish and erect a mixed use building (35 residential units and 2 commercial units, over five storeys) is approved subject to conditions 1 to 126.' 'The modification appeal under s 96...