Pritchard v Manly Council [2014] NSWLEC 1186

Pritchard v Manly Council [2014] NSWLEC 1186

The proposed development achieves the planning objectives notwithstanding non-compliance with the height standard, as privacy and view impacts have been reasonably addressed through design modifications and enforceable conditions. Therefore, the appeal is upheld and development is approved subject to amended conditions.

Parties
Applicant: John Duncan Pritchard; Respondent: Manly Council
Jurisdiction
Australia
Judgment Date
09 September 2014
Procedural Posture
Appeal / Final Judgment
Outcome
Appeal upheld; development application approved with amended conditions
Legal Topics
Development Application, Variation of Height Standard, Privacy Impacts, View Loss, Roof Terrace, Local Environmental Plan, Development Control Plan
Planning Law Environmental Law Development Application Variation of Height Standard Privacy Impacts View Loss Roof Terrace Local Environmental Plan +1 more

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Parties

John Duncan Pritchard

Applicant

Manly Council

Respondent

Procedural Posture

Appeal / Final Judgment

Legal Issues

  1. 1 Whether the variation to the maximum height standard should be allowed under cl 4.6 of Manly Local Environmental Plan 2013
  2. 2 Whether the proposed roof terrace results in unacceptable visual or aural privacy impacts
  3. 3 Whether the proposal causes unacceptable view loss to neighbouring properties

Ratio Decidendi

The proposed development achieves the planning objectives notwithstanding non-compliance with the height standard, as privacy and view impacts have been reasonably addressed through design modifications and enforceable conditions. Therefore, the appeal is upheld and development is approved subject to amended conditions.

Court Disposition

Appeal upheld; development application approved with amended conditions

Orders

  • The appeal is upheld.
  • The development (DA 20/2014) for alterations and additions to an existing residential flat building, including a roof terrace at 6 Fairlight Crescent, Manly, is approved subject to the conditions in Annexure 'A'.