Angelo v Manly Council [2004] NSWLEC 528

Angelo v Manly Council [2004] NSWLEC 528

The proposal's variations from the FSR and height controls caused material and unacceptable further view loss to adjoining properties, particularly 1/62 Osborne Road, and therefore did not satisfy the relevant DCP objectives for FSR, height and view sharing; the variations were not supported and the development application had to be refused.

Jurisdiction
Australia
Judgment Date
13 September 2004
Procedural Posture
Appeal Against Refusal of a Development Application / Ex Tempore Judgment
Outcome
appeal dismissed; development application refused
Legal Topics
['development Application' 'floor Space Ratio' 'building Height Controls' 'view Loss' 'view Sharing' 'development Control Plan Compliance']
['environmental and Planning Law'] ['development Application' 'floor Space Ratio' 'building Height Controls' 'view Loss' 'view Sharing' 'development Control Plan Compliance']

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Procedural Posture

Appeal Against Refusal of a Development Application / Ex Tempore Judgment

Legal Issues

  1. 1 ['Whether non-compliance with the floor space ratio and height controls resulted in an unacceptable impact on views and the streetscape.' 'Whether variations to the Residential Development Control Plan should be supported where they resulted in further view loss from neighbouring properties.']

Ratio Decidendi

The proposal's variations from the FSR and height controls caused material and unacceptable further view loss to adjoining properties, particularly 1/62 Osborne Road, and therefore did not satisfy the relevant DCP objectives for FSR, height and view sharing; the variations were not supported and the development application had to be refused.

Court Disposition

appeal dismissed; development application refused

Orders

  • ['The appeal is dismissed.' 'The development application for alterations and additions to an existing house at 69 Wood Street, Manly, is determined by refusal.' 'The exhibits may be returned.']