McKees Project Management Pty Ltd v Manly Council [2012] NSWLEC 1126

McKees Project Management Pty Ltd v Manly Council [2012] NSWLEC 1126

The development application must be refused because the proposed development is not compatible with the character of the local area, as required by SEPP ARH, due to its bulk, massing, inconsistent setbacks, and visual impacts, as well as adverse amenity impacts on neighbouring properties. The breach of key planning controls and failure to achieve harmony with the established character were decisive.

Parties
Applicant: McKees Project Management Pty Ltd; Respondent: Manly Council
Jurisdiction
Australia
Judgment Date
22 May 2012
Procedural Posture
Development Application Appeal / Judgment After Hearing
Outcome
Appeal dismissed; development application refused.
Legal Topics
Development Application, Affordable Housing, Local Area Character, Amenity Impacts, Tree Loss
Planning and Environment Law Development Application Affordable Housing Local Area Character Amenity Impacts Tree Loss

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Parties

McKees Project Management Pty Ltd

Applicant

Manly Council

Respondent

Procedural Posture

Development Application Appeal / Judgment After Hearing

Legal Issues

  1. 1 Whether the proposed development is compatible with the character of the local area as required by SEPP ARH
  2. 2 Whether the proposed development has unacceptable impacts on the amenity of surrounding residences
  3. 3 Whether the proposal results in unacceptable tree loss

Ratio Decidendi

The development application must be refused because the proposed development is not compatible with the character of the local area, as required by SEPP ARH, due to its bulk, massing, inconsistent setbacks, and visual impacts, as well as adverse amenity impacts on neighbouring properties. The breach of key planning controls and failure to achieve harmony with the established character were decisive.

Court Disposition

Appeal dismissed; development application refused.

Orders

  • The appeal is dismissed.
  • Development Application No. 64/2011 for demolition of all existing structures, consolidation of three lots, construction of two buildings containing a total of 17 dwellings of affordable and other housing at 23 Beatrice Street, Clontarf is refused.