Lynne Redan and Phillip Redan v Manly Council [2006] NSWLEC 384

Lynne Redan and Phillip Redan v Manly Council [2006] NSWLEC 384

The appeal is dismissed because the proposed development would decrease open space below required levels, adversely affect the setting and aesthetics of a heritage area, and would have a negative impact on the streetscape, contrary to the relevant planning controls and objectives.

Parties
Applicant: Lynne Redan; Applicant: Phillip Redan; Respondent: Manly Council
Jurisdiction
Australia
Judgment Date
27 June 2006
Procedural Posture
Appeal Under S 97 of the Environmental Planning and Assessment Act 1979 / Judgment at First Instance (land and Environment Court)
Outcome
appeal dismissed; development application refused
Legal Topics
Development Applications, Urban Design, Streetscape, Open Space, Heritage, Environmental Planning
Planning Law Environmental Law Heritage Law Development Applications Urban Design Streetscape Open Space Heritage +1 more

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Parties

Lynne Redan

Applicant

Phillip Redan

Applicant

Manly Council

Respondent

Procedural Posture

Appeal Under S 97 of the Environmental Planning and Assessment Act 1979 / Judgment at First Instance (land and Environment Court)

Legal Issues

  1. 1 Whether the proposal complies with open space requirements under the RDCP and MLEP
  2. 2 Impact of the proposed car parking on heritage and streetscape
  3. 3 Whether the proposal is consistent with the objectives and provisions of applicable planning instruments

Ratio Decidendi

The appeal is dismissed because the proposed development would decrease open space below required levels, adversely affect the setting and aesthetics of a heritage area, and would have a negative impact on the streetscape, contrary to the relevant planning controls and objectives.

Court Disposition

appeal dismissed; development application refused

Orders

  • The appeal under s 97 of the Environmental Planning and Assessment Act 1979 is dismissed.
  • Development application No 478/05 lodged with Manly Council on 1 November 2005 is refused development consent.