Meldeep No 5 Pty Ltd v Manly Council [2006] NSWLEC 472

Meldeep No 5 Pty Ltd v Manly Council [2006] NSWLEC 472

The appeal was dismissed because, although the financial viability evidence under SEPP 10 showed retention of the whole boarding house was at best marginal and did not require a definitive conclusion given other grounds, the proposed development had unacceptable heritage, streetscape and amenity impacts. The additions over and linking the Carlton Hotel and the new building would overwhelm and detract from the Carlton Hotel's heritage significance, the new building mimicked the Carlton Hotel, and the excess FSR, wall height, upper level treatment, nil setback to 25 Victoria Parade, inadequate rear setback and resulting loss of solar access produced bulk and impacts beyond those envisaged...

Jurisdiction
Australia
Judgment Date
11 August 2006
Procedural Posture
Appeal Against Refusal of a Development Application Under the Environmental Planning and Assessment Act 1979 / Final Judgment on Development Application No. 278/03
Outcome
Appeal dismissed; development application refused.
Legal Topics
['residential Flat Building' 'demolition of Boarding Houses' 'state Environmental Planning Policy No.10 Retention of Low Cost Rental Accommodation' 'state Environmental Planning Policy No. 65 Design Quality of Residential Flat Development' 'manly Local Environmental Plan 1988' 'development Control Plan for the Residential Zone 2001' 'floor Space Ratio, Height, Setbacks, Streetscape and Amenity']
['planning and Environment' 'development Control' 'heritage' 'low Cost Rental Accommodation'] ['residential Flat Building' 'demolition of Boarding Houses' 'state Environmental Planning Policy No.10 Retention of Low Cost Rental Accommodation' 'state Environmental Planning Policy No. 65 Design Quality of Residential Flat Development' 'manly Local Environmental Plan 1988' 'development Control Plan for the Residential Zone 2001' 'floor Space Ratio, Height, Setbacks, Streetscape and Amenity']

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Procedural Posture

Appeal Against Refusal of a Development Application Under the Environmental Planning and Assessment Act 1979 / Final Judgment on Development Application No. 278/03

Legal Issues

  1. 1 ['Whether the proposed development would result in a significant reduction in low cost rental accommodation under SEPP 10.' 'Whether continued use of the boarding house was financially viable under SEPP 10 and its Guidelines.' 'Whether the proposed development would have an unacceptable heritage impact on the Carlton Hotel and heritage items in the vicinity of the site.' 'Whether the proposed development was an appropriate design for the site having regard to FSR, height, setbacks, streetscape and amenity impacts.']

Ratio Decidendi

The appeal was dismissed because, although the financial viability evidence under SEPP 10 showed retention of the whole boarding house was at best marginal and did not require a definitive conclusion given other grounds, the proposed development had unacceptable heritage, streetscape and amenity impacts. The additions over and linking the Carlton Hotel and the new building would overwhelm and detract from the Carlton Hotel's heritage significance, the new building mimicked the Carlton Hotel, and the excess FSR, wall height, upper level treatment, nil setback to 25 Victoria Parade, inadequate rear setback and resulting loss of solar access produced bulk and impacts beyond those envisaged...

Court Disposition

Appeal dismissed; development application refused.

Orders

  • ['The appeal is dismissed.' 'The development application (No. 278/03) to demolish the two existing buildings and construct a residential flat building with basement car parking at 27 - 29 Victoria Parade, Manly, is refused.' 'The exhibits may be returned.']