Codling v Manly Council [2011] NSWLEC 1180

Codling v Manly Council [2011] NSWLEC 1180

The development use is permissible with consent; the agreed conditions sufficiently address the specific environmental, heritage, amenity and wildlife concerns; no further basis to refuse application on its merits.

Jurisdiction
Australia
Judgment Date
07 April 2011
Procedural Posture
Appeal Under S 97 of Environmental Planning and Assessment Act 1979 (class 1) / Remitted Final Orders After Appeal Decision
Outcome
Appeal upheld; consent granted subject to conditions
Legal Topics
['development Application' 'land Use' 'environmental Impact' 'heritage' 'noise' 'light Pollution' 'parking' 'wildlife Protection']
['planning Law' 'environmental Law'] ['development Application' 'land Use' 'environmental Impact' 'heritage' 'noise' 'light Pollution' 'parking' 'wildlife Protection']

Case Brief

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Procedural Posture

Appeal Under S 97 of Environmental Planning and Assessment Act 1979 (class 1) / Remitted Final Orders After Appeal Decision

Legal Issues

  1. 1 ['Whether the proposed use of level 1 of the Manly Bathers Pavilion as a function centre is permissible under applicable planning instruments' 'Whether proposed conditions address concerns raised by resident objectors']

Ratio Decidendi

The development use is permissible with consent; the agreed conditions sufficiently address the specific environmental, heritage, amenity and wildlife concerns; no further basis to refuse application on its merits.

Court Disposition

Appeal upheld; consent granted subject to conditions

Orders

  • ['The appeal is upheld.' 'Development Application 25/2009 for the fit out, minor alterations and additions to level 1 of the Manly Bathers Pavilion for use as a function centre and conference facility is approved subject to conditions in annexure A.' 'The exhibits may be returned except for exhibits 5, E and A.']