Arnold v Northern Beaches Council [2019] NSWLEC 1260

Arnold v Northern Beaches Council [2019] NSWLEC 1260

The written request to vary the floor space ratio standard is well founded, the proposed development is in the public interest, and the jurisdictional preconditions for granting consent have been satisfied. As the parties' agreement is a decision the Court could have made in the proper exercise of its functions, the proceedings must be disposed of on that basis.

Parties
Applicant: Mark Arnold; Respondent: Northern Beaches Council
Jurisdiction
Australia
Judgment Date
11 June 2019
Procedural Posture
Development Application Appeal / Final Orders After Conciliation Conference
Outcome
Appeal upheld; development application approved with conditions
Legal Topics
Development Application, Floor Space Ratio, Variation of Development Standards, Conciliation Conference
Planning and Environment Development Application Floor Space Ratio Variation of Development Standards Conciliation Conference

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 2 Authorities cited 3 Party arguments 2
Sign in to unlock

Parties

Mark Arnold

Applicant

Northern Beaches Council

Respondent

Procedural Posture

Development Application Appeal / Final Orders After Conciliation Conference

Legal Issues

  1. 1 Whether the development application for demolition and new dwelling at 65 Bower Street, Manly, should be approved notwithstanding contravention of the floor space ratio control under cl 4.4 of Manly Local Environmental Plan 2013
  2. 2 Whether the written request to vary the development standard under cl 4.6 of MLEP is well founded
  3. 3 Whether the jurisdictional preconditions for granting consent are satisfied

Ratio Decidendi

The written request to vary the floor space ratio standard is well founded, the proposed development is in the public interest, and the jurisdictional preconditions for granting consent have been satisfied. As the parties' agreement is a decision the Court could have made in the proper exercise of its functions, the proceedings must be disposed of on that basis.

Court Disposition

Appeal upheld; development application approved with conditions

Orders

  • The Applicant is granted leave to amend the development application to rely upon amended architectural plans and the written request to vary the floor space ratio control in clause 4.4 of Manly Local Environmental Plan 2013, prepared by Geoff Goodyer, dated 6 June 2019.
  • The written request to vary the floor space ratio control in clause 4.4 of Manly Local Environmental Plan 2013, prepared by Geoff Goodyer, dated 6 June 2019, is upheld.