Benson McCormack Architects v Manly Council [2013] NSWLEC 1223

Benson McCormack Architects v Manly Council [2013] NSWLEC 1223

Because the applicant's own expert conceded that the development would slightly adversely affect the safety, efficiency and ongoing operation of the classified road due to the designed vehicular access, the Court was not satisfied as required by cl 101(2)(b) of the Infrastructure SEPP, and therefore consent could not be granted.

Parties
Applicant: Benson McCormack Architects; Respondent: Manly Council
Jurisdiction
Australia
Judgment Date
27 November 2013
Procedural Posture
Appeal / Final Judgment
Outcome
Appeal dismissed. Development consent refused.
Legal Topics
Development Consent, Classified Road Frontage, Traffic Safety, Infrastructure SEPP
Planning and Environment Development Consent Classified Road Frontage Traffic Safety Infrastructure SEPP

Case Brief

Summary, issues, holding and outcome

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Parties

Benson McCormack Architects

Applicant

Manly Council

Respondent

Procedural Posture

Appeal / Final Judgment

Legal Issues

  1. 1 Whether the design of vehicular access to land with frontage to a classified road satisfies cl 101(2)(b) of the Infrastructure SEPP
  2. 2 Whether the development would adversely affect the safety, efficiency and ongoing operation of the classified road

Ratio Decidendi

Because the applicant's own expert conceded that the development would slightly adversely affect the safety, efficiency and ongoing operation of the classified road due to the designed vehicular access, the Court was not satisfied as required by cl 101(2)(b) of the Infrastructure SEPP, and therefore consent could not be granted.

Court Disposition

Appeal dismissed. Development consent refused.

Orders

  • The appeal is dismissed.
  • Development Consent is refused for the construction of a boarding house in accord with development application no: 94/2013 on land known as Lot 5 DP9335 at 232 Sydney Road, Balgowlah.