Savage v Manly Council [2008] NSWLEC 1307

Savage v Manly Council [2008] NSWLEC 1307

The appeal was upheld because the amended plans, with further modifications and conditions, satisfied the relevant discretionary controls in the Manly Development Control Plan by preserving a view corridor and view sharing from the public domain, incorporating landscaping, avoiding an overwhelming built form across the site frontage, fitting with the streetscape and existing residential flat building, and providing acceptable transparent garage doors for spaces 3 and 4. Sandstone cladding behind spaces 3 and 4 was required, and the existing washed aggregate finish was acceptable.

Jurisdiction
Australia
Judgment Date
20 June 2008
Procedural Posture
Appeal Under S 97 of the Environmental Planning and Assessment Act, 1979 Against Refusal of a Development Application / Extempore Judgment
Outcome
Appeal upheld; development application approved as amended subject to conditions.
Legal Topics
['development Application' 'semi Enclosure of Existing Hardstand Area' 'car Parking and Garages' 'setbacks' 'view Sharing' 'streetscape Impact' 'development Control Plan']
['planning and Environment Law' 'development Consent'] ['development Application' 'semi Enclosure of Existing Hardstand Area' 'car Parking and Garages' 'setbacks' 'view Sharing' 'streetscape Impact' 'development Control Plan']

Case Brief

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Procedural Posture

Appeal Under S 97 of the Environmental Planning and Assessment Act, 1979 Against Refusal of a Development Application / Extempore Judgment

Legal Issues

  1. 1 ["Whether the amended development application for semi enclosure of the existing hardstand area should be approved despite Council's refusal." 'Whether garage doors for car spaces 3 and 4, in close proximity to the site boundary, were acceptable having regard to setback, streetscape and view sharing controls.' 'Whether sandstone cladding should extend behind car spaces 3 and 4.' 'Whether the existing washed aggregate floor finish should be retained rather than changed to paving.']

Ratio Decidendi

The appeal was upheld because the amended plans, with further modifications and conditions, satisfied the relevant discretionary controls in the Manly Development Control Plan by preserving a view corridor and view sharing from the public domain, incorporating landscaping, avoiding an overwhelming built form across the site frontage, fitting with the streetscape and existing residential flat building, and providing acceptable transparent garage doors for spaces 3 and 4. Sandstone cladding behind spaces 3 and 4 was required, and the existing washed aggregate finish was acceptable.

Court Disposition

Appeal upheld; development application approved as amended subject to conditions.

Orders

  • ['The appeal in respect of the property at 92 Bower St, Manly is upheld.' "The development application submitted to Manly Council and as amended is approved subject to the conditions in Annexure 'A'." 'The exhibits with the exception of 9 & F are returned to the parties.']