Manly Vale Developments No 2 Pty Limited v Northern Beaches Council [2022] NSWLEC 1060

Manly Vale Developments No 2 Pty Limited v Northern Beaches Council [2022] NSWLEC 1060

The amended development application addresses relevant planning provisions and resolves Council’s contentions. The proposal’s exceedance of the height of buildings standard under WLEP is justified by sufficient environmental planning grounds demonstrated in the written request. The development is permissible, impacts are acceptable, and public interest considerations are satisfied. As such, consent is granted subject to agreed conditions and dedication of land under a voluntary planning agreement.

Jurisdiction
Australia
Judgment Date
11 February 2022
Procedural Posture
Appeal (class 1) Against Refusal of Development Application / Final Orders Following Conciliation Conference and Agreement Between Parties
Outcome
Appeal upheld; development consent granted subject to conditions; order for payment of costs by applicant to respondent
Legal Topics
['development Applications' 'variation of Planning Standards' 'conciliation Agreements' 'local Environmental Plans' 'building Height Controls']
['planning and Environment Law'] ['development Applications' 'variation of Planning Standards' 'conciliation Agreements' 'local Environmental Plans' 'building Height Controls']

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Procedural Posture

Appeal (class 1) Against Refusal of Development Application / Final Orders Following Conciliation Conference and Agreement Between Parties

Legal Issues

  1. 1 ['Whether the proposed development should be approved despite exceeding the maximum building height standard under Warringah Local Environmental Plan 2011 (WLEP)' 'Whether sufficient environmental planning grounds exist to justify contravention of development standards' 'Whether the impacts of the development are acceptable and in the public interest']

Ratio Decidendi

The amended development application addresses relevant planning provisions and resolves Council’s contentions. The proposal’s exceedance of the height of buildings standard under WLEP is justified by sufficient environmental planning grounds demonstrated in the written request. The development is permissible, impacts are acceptable, and public interest considerations are satisfied. As such, consent is granted subject to agreed conditions and dedication of land under a voluntary planning agreement.

Court Disposition

Appeal upheld; development consent granted subject to conditions; order for payment of costs by applicant to respondent

Orders

  • ['The updated written request under cl 4.6 WLEP seeking variation of the building height development standard is upheld.' 'The appeal is upheld.' "Applicant to pay respondent's costs thrown away as a result of the amended development application in the amount of $3,500." 'Development Application DA2020/0824 for...