Ingham Planning Pty Ltd v Manly Council [2007] NSWLEC 247

Ingham Planning Pty Ltd v Manly Council [2007] NSWLEC 247

The proposal fails to satisfy the statutory and planning controls relating to density, floor space ratio, wall height, setbacks, open space, privacy, overshadowing, view sharing and streetscape character. Non-compliance is not justified by existing conditions or site constraints. Adverse impacts, and the reasonable expectation that new development complies with controls, warrant refusal.

Parties
Applicant: Ingham Planning Pty Ltd; Respondent: Manly Council
Jurisdiction
Australia
Judgment Date
04 May 2007
Procedural Posture
Class 1 Appeal / Judgment
Outcome
Appeal dismissed
Legal Topics
Development Application, Floor Space Ratio, Residential Density, Wall Height, Setbacks, Streetscape, Overshadowing, Bulk and Scale, Privacy, Heritage, Amenity Impact
Planning and Environment Development Application Floor Space Ratio Residential Density Wall Height Setbacks Streetscape Overshadowing +4 more

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Parties

Ingham Planning Pty Ltd

Applicant

Manly Council

Respondent

Procedural Posture

Class 1 Appeal / Judgment

Legal Issues

  1. 1 Non-compliance with Zone 2 Residential Zone objectives (Manly LEP 1988)
  2. 2 Compatibility with Foreshore Scenic Protection Area (Clause 17)
  3. 3 Impact on environmental heritage items (Clause 19)

Ratio Decidendi

The proposal fails to satisfy the statutory and planning controls relating to density, floor space ratio, wall height, setbacks, open space, privacy, overshadowing, view sharing and streetscape character. Non-compliance is not justified by existing conditions or site constraints. Adverse impacts, and the reasonable expectation that new development complies with controls, warrant refusal.

Court Disposition

Appeal dismissed

Orders

  • The appeal is dismissed.
  • The exhibits are returned to the parties except Exhibits 1, 2, 3, 4, 11, C and D.