Benson McCormack Pty Ltd v Northern Beaches Council [2018] NSWLEC 1117

Benson McCormack Pty Ltd v Northern Beaches Council [2018] NSWLEC 1117

Leave is granted to rely on amended plans; the written request under cl 4.6 sufficiently justifies variation of the height control due to prior excavation and the particular site context; proposed development is consistent with planning objectives and will not unreasonably diminish amenity or public interest; development consent is granted subject to conditions.

Parties
Applicant: Benson McCormack Pty Ltd; Respondent: Northern Beaches Council
Jurisdiction
Australia
Judgment Date
07 March 2018
Procedural Posture
Appeal Against Refusal of Development Application / Final Judgment and Orders
Outcome
Appeal upheld; development application approved with conditions.
Legal Topics
Development Application, Height Variation, Landscaping Requirements, Acoustic Privacy, Resident Objections, View Loss, Public Interest, Planning Controls
Planning and Environment Development Application Height Variation Landscaping Requirements Acoustic Privacy Resident Objections View Loss Public Interest +1 more

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Parties

Benson McCormack Pty Ltd

Applicant

Northern Beaches Council

Respondent

Procedural Posture

Appeal Against Refusal of Development Application / Final Judgment and Orders

Legal Issues

  1. 1 Whether development consent should be granted for shop top housing with height, landscaping, and privacy issues
  2. 2 Whether written request justifies variation of height standard under cl 4.6 of Manly LEP 2013
  3. 3 Whether proposed development meets planning objectives and standards

Ratio Decidendi

Leave is granted to rely on amended plans; the written request under cl 4.6 sufficiently justifies variation of the height control due to prior excavation and the particular site context; proposed development is consistent with planning objectives and will not unreasonably diminish amenity or public interest; development consent is granted subject to conditions.

Court Disposition

Appeal upheld; development application approved with conditions.

Orders

  • Leave granted to rely on amended plans at Condition 1 in Annexure A.
  • The cl4.6 written request, dated March 2018, provides sufficient justification for variation to the height development standard in cl 4.3 of Manly LEP 2013.