Matthew Grant Architects v Manly Council [2007] NSWLEC 610

Matthew Grant Architects v Manly Council [2007] NSWLEC 610

The proposal could be approved only if amended to maintain the integrity of the roof and achieve satisfactory bulk. Removing the dormer windows to the north and south, and replacing them with Velux skylights or equal in the roof face, would limit additional habitable floor space mostly to the existing roof while preserving amenity through the east and west dormers. Because the number of bedrooms would remain the same, the proposal would not increase the intensity of use, and with those amendments its bulk would be satisfactory despite the existing FSR exceedance and car parking deficiency.

Jurisdiction
Australia
Judgment Date
20 September 2007
Procedural Posture
Appeal Under S 97 of the Environmental Planning and Assessment Act 1979 Against Refusal of a Development Application / Ex Tempore Judgment After on Site Hearing
Outcome
Appeal upheld; development application approved subject to conditions.
Legal Topics
['development Application for Alterations and Additions to Residential Flat Building' 'rooms Within the Roof Structure' 'dormer Windows' 'bulk and Scale' 'floor Space Ratio' 'streetscape and Roof Integrity']
['planning and Environment Law' 'development Consent'] ['development Application for Alterations and Additions to Residential Flat Building' 'rooms Within the Roof Structure' 'dormer Windows' 'bulk and Scale' 'floor Space Ratio' 'streetscape and Roof Integrity']

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Procedural Posture

Appeal Under S 97 of the Environmental Planning and Assessment Act 1979 Against Refusal of a Development Application / Ex Tempore Judgment After on Site Hearing

Legal Issues

  1. 1 ['Whether the proposed rooms in the roof should extend to the spaces under the proposed dormer roofs.' 'Whether the bulk of the existing building would be exacerbated by what is in effect a fourth floor.' 'Whether the proposal should be approved subject to amendments deleting dormer windows to the north and south.']

Ratio Decidendi

The proposal could be approved only if amended to maintain the integrity of the roof and achieve satisfactory bulk. Removing the dormer windows to the north and south, and replacing them with Velux skylights or equal in the roof face, would limit additional habitable floor space mostly to the existing roof while preserving amenity through the east and west dormers. Because the number of bedrooms would remain the same, the proposal would not increase the intensity of use, and with those amendments its bulk would be satisfactory despite the existing FSR exceedance and car parking deficiency.

Court Disposition

Appeal upheld; development application approved subject to conditions.

Orders

  • ['The appeal under s 97 of the Environmental Planning and Assessment Act 1979 is upheld.' 'Development application No 432/06 lodged with the respondent council on 29 September 2006, to alter and add to the existing residential flat building at Lot 1, DP1067998, being No 1 Parkview Road, Fairlight, is approved...