Bellconnen Pty Ltd v Manly Council [2008] NSWLEC 1226

Bellconnen Pty Ltd v Manly Council [2008] NSWLEC 1226

The appeal was dismissed because the proposed double garages on Rolfe Street, as designed, would be unacceptably bulky and out of character with the existing streetscape, failing to comply with the building form and character objectives under the Manly Local Environmental Plan 1988 and the relevant Development Control Plan. While other aspects of the proposal were found acceptable, the negative streetscape impact of the Rolfe Street garages warranted refusal of the application.

Parties
Applicant: Bellconnen Pty Ltd; Respondent: Manly Council
Jurisdiction
Australia
Judgment Date
12 June 2008
Procedural Posture
Development Application Appeal / Judgment
Outcome
Appeal dismissed
Legal Topics
Development Application, Streetscape, Setbacks, Heritage, Conservation, Subdivision
Planning and Environment Development Application Streetscape Setbacks Heritage Conservation Subdivision

Case Brief

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Parties

Bellconnen Pty Ltd

Applicant

Manly Council

Respondent

Procedural Posture

Development Application Appeal / Judgment

Legal Issues

  1. 1 Whether the proposed development is consistent with the objectives of the zoning under the Manly Local Environmental Plan 1988
  2. 2 Whether the proposal adversely affects the streetscape and character of Alexander Street and Rolfe Street
  3. 3 Impact on heritage values and potential conservation area

Ratio Decidendi

The appeal was dismissed because the proposed double garages on Rolfe Street, as designed, would be unacceptably bulky and out of character with the existing streetscape, failing to comply with the building form and character objectives under the Manly Local Environmental Plan 1988 and the relevant Development Control Plan. While other aspects of the proposal were found acceptable, the negative streetscape impact of the Rolfe Street garages warranted refusal of the application.

Court Disposition

Appeal dismissed

Orders

  • Development application refused