Blackmore Design Group Pty Ltd v Manly Council [2014] NSWLEC 1180

Blackmore Design Group Pty Ltd v Manly Council [2014] NSWLEC 1180

The Court held that the amended development application should be approved because the commercial studios were to be treated as commercial gross floor area and could be conditioned for that use; the additional residential floor space did not compromise townscape design, diversity, interest or heritage values; the proposal was below the 25m height limit and consistent with the desired future character established by LEP 2013; its streetscape presentation, setbacks and bulk were acceptable; impacts on Pacific Waves in relation to sunlight, views and privacy had been minimised and were not unreasonable given the planning controls and the vulnerability of Pacific Waves; and the proposed units...

Jurisdiction
Australia
Judgment Date
26 August 2014
Procedural Posture
Class 1 Appeal Under the Environmental Planning and Assessment Act 1979 Against Refusal of Development Application DA 81/2013 / Principal Judgment After Hearing
Outcome
Appeal upheld; development application approved subject to conditions.
Legal Topics
['mixed Residential and Commercial Development' 'floor Space Ratio' 'setbacks' 'streetscape Impacts' 'residential Amenity' 'solar Access' 'view Sharing' 'development Control Plans']
['planning and Environment Law' 'development Consent'] ['mixed Residential and Commercial Development' 'floor Space Ratio' 'setbacks' 'streetscape Impacts' 'residential Amenity' 'solar Access' 'view Sharing' 'development Control Plans']

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Procedural Posture

Class 1 Appeal Under the Environmental Planning and Assessment Act 1979 Against Refusal of Development Application DA 81/2013 / Principal Judgment After Hearing

Legal Issues

  1. 1 ['Whether the mixed residential and commercial proposal was an appropriate response to the streetscape.' 'Whether the setbacks to Central Avenue and the southern side boundary were adequate.' 'Whether the bulk of the building resulting from its floor space ratio was acceptable.' 'Whether the commercial studios should be treated as commercial gross floor area or residential gross floor area.' 'Whether the proposal caused unacceptable impacts on residential amenity of Pacific Waves, including sunlight, views, privacy and noise.' 'Whether the proposed units achieved acceptable internal amenity, particularly solar access.' 'What condition should regulate the use of the commercial studios.']

Ratio Decidendi

The Court held that the amended development application should be approved because the commercial studios were to be treated as commercial gross floor area and could be conditioned for that use; the additional residential floor space did not compromise townscape design, diversity, interest or heritage values; the proposal was below the 25m height limit and consistent with the desired future character established by LEP 2013; its streetscape presentation, setbacks and bulk were acceptable; impacts on Pacific Waves in relation to sunlight, views and privacy had been minimised and were not unreasonable given the planning controls and the vulnerability of Pacific Waves; and the proposed units...

Court Disposition

Appeal upheld; development application approved subject to conditions.

Orders

  • ['The appeal is upheld.' 'The development application (DA 81/2013) for the demolition of existing buildings, the construction of a seven level mixed residential and commercial building with ground level retail, six commercial studios and ten residential units over basement parking and car stacker for 18 cars is...