Made Property Group Pty Ltd v Northern Beaches Council [2018] NSWLEC 1005

Made Property Group Pty Ltd v Northern Beaches Council [2018] NSWLEC 1005

The Court held that, on the basis of expert planning evidence and amended plans, the objectives of the development standards for height, floor space ratio, setbacks, streetscape, and landscaping would be achieved notwithstanding non-compliance. The applicant's requests to vary the development standards were found to be justified under cl 4.6 of MLEP 2013, causing no unreasonable impacts on neighbouring properties. The development, subject to conditions, is consistent with the public interest and the relevant planning controls as flexibly applied. Therefore, approval was granted.

Jurisdiction
Australia
Judgment Date
10 January 2018
Procedural Posture
Development Appeal (class 1) / Final Decision on Appeal With Consent Orders
Outcome
Appeal upheld by consent; development application approved subject to conditions.
Legal Topics
['development Application' 'height Control' 'floor Space Ratio' 'setback Controls' 'streetscape Impact' 'view Loss' 'overshadowing' 'landscaping' 'public Interest' 'consent Orders']
['planning and Environment Law'] ['development Application' 'height Control' 'floor Space Ratio' 'setback Controls' 'streetscape Impact' 'view Loss' 'overshadowing' 'landscaping' 'public Interest' 'consent Orders']

Case Brief

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Procedural Posture

Development Appeal (class 1) / Final Decision on Appeal With Consent Orders

Legal Issues

  1. 1 ["Whether the applicant's requests under cl 4.6 of MLEP 2013 to vary height and floor space ratio (FSR) controls should be upheld" 'Whether the proposed development provides acceptable alternative solutions for non-compliance with planning controls (heights, setbacks, FSR)' 'Whether view loss, overshadowing, and landscaping provisions are acceptably addressed' 'Whether approval is in the public interest']

Ratio Decidendi

The Court held that, on the basis of expert planning evidence and amended plans, the objectives of the development standards for height, floor space ratio, setbacks, streetscape, and landscaping would be achieved notwithstanding non-compliance. The applicant's requests to vary the development standards were found to be justified under cl 4.6 of MLEP 2013, causing no unreasonable impacts on neighbouring properties. The development, subject to conditions, is consistent with the public interest and the relevant planning controls as flexibly applied. Therefore, approval was granted.

Court Disposition

Appeal upheld by consent; development application approved subject to conditions.

Orders

  • ["The Applicant is granted leave to amend the development application and rely on the amended plans referred to in Annexure 'A' in the proceedings." 'By consent, the appeal is upheld.' "Development application (DA 56/2007), as amended, for the demolition of existing structures and the construction of a residential...