Architectural Projects Pty Ltd v Manly Council [2004] NSWLEC 311

The Court found that the proposed development breaches planning controls for floor space ratio and height, does not sufficiently justify departures based on heritage or financial grounds, and does not represent an acceptable heritage conservation solution. Other feasible options with less impact have not been properly investigated; accordingly, development consent should not be granted.

Jurisdiction: Australia
Judgment Date: 21 July 2004
Procedural Posture: Appeal Against Refusal of Development Application / Judgment
Outcome: Appeal dismissed; development application refused
Legal Topics: ['development Application' 'heritage Conservation' 'planning Controls' 'economic Viability' 'building Code Compliance']

['planning and Environment' 'heritage'] ['development Application' 'heritage Conservation' 'planning Controls' 'economic Viability' 'building Code Compliance']

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Full judgment text Downloadable case file Legal principles 1 Authorities cited 2 Party arguments 2 Amounts and remedies 1

Procedural Posture

Appeal Against Refusal of Development Application / Judgment

Legal Issues

1 ['Appropriateness of departures from planning controls' 'Exercise of discretion under LEP for floor space ratio and car parking requirements' 'Acceptability of design, visual impact, and effects on streetscape and character' 'Heritage conservation of Dungowan and impact on surrounding heritage items' 'Impact of development on amenity of surrounding properties including view loss and overshadowing' 'Financial feasibility of alternative conservation options']

Ratio Decidendi

Court Disposition

Appeal dismissed; development application refused

Orders

['The appeal is dismissed.' 'The exhibits, other than exhibits A and Q, may be returned.']