Savage M v Manly C [2005] NSWLEC 131

Savage M v Manly C [2005] NSWLEC 131

The proposed development, as amended by agreed conditions, achieves a reasonable balance between maximising site potential and mitigating adverse amenity and view impacts on adjoining properties. While the development exceeds the numerical floor space ratio and wall height controls, flexibility is permitted when overall DCP objectives are satisfied and appropriate setbacks and design responses are imposed.

Parties
Applicant: Matthew Savage; Respondent: Manly Council
Jurisdiction
Australia
Judgment Date
25 February 2005
Procedural Posture
Appeal / Ex Tempore Judgment After Hearing
Outcome
Appeal upheld; development application approved with conditions.
Legal Topics
Development Application, Alterations and Additions, Residential Flat Building, View Sharing, Development Control Plans
Environmental Law Planning Law Development Application Alterations and Additions Residential Flat Building View Sharing Development Control Plans

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Parties

Matthew Savage

Applicant

Manly Council

Respondent

Procedural Posture

Appeal / Ex Tempore Judgment After Hearing

Legal Issues

  1. 1 Whether the proposed alterations and additions to the residential flat building should be approved in light of Manly Council's planning regime
  2. 2 Whether the development complies with relevant planning controls including the Manly Local Environmental Plan 1988 and the Manly Development Control Plan for Residential Zones 2001
  3. 3 Appropriate consideration of view sharing and impacts on amenity

Ratio Decidendi

The proposed development, as amended by agreed conditions, achieves a reasonable balance between maximising site potential and mitigating adverse amenity and view impacts on adjoining properties. While the development exceeds the numerical floor space ratio and wall height controls, flexibility is permitted when overall DCP objectives are satisfied and appropriate setbacks and design responses are imposed.

Court Disposition

Appeal upheld; development application approved with conditions.

Orders

  • The appeal in respect of the property at No. 92 Bower Street, Manly, is upheld.
  • The development application submitted to Manly Council and as amended is approved subject to a deferred commencement and other conditions contained in Annexure A.