Barkway v Manly Council [2012] NSWLEC 1070

Barkway v Manly Council [2012] NSWLEC 1070

The proposed third floor addition breaches height and setback planning controls, fails to respect the established building heights and topography of the locality, results in unreasonable and severe loss of amenity and views, particularly for 52 Peronne Ave and the public domain, and is inconsistent with planning objectives, warranting refusal of consent.

Jurisdiction
Australia
Judgment Date
22 March 2012
Procedural Posture
Appeal Pursuant to S 97 of Environmental Planning and Assessment Act 1979 / Final Judgment After Conciliation and Hearing
Outcome
Appeal dismissed; development application refused.
Legal Topics
['development Application' 'alterations and Additions' 'residential Character' 'bulk and Height Controls' 'view Sharing']
['planning and Environment'] ['development Application' 'alterations and Additions' 'residential Character' 'bulk and Height Controls' 'view Sharing']

Case Brief

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Procedural Posture

Appeal Pursuant to S 97 of Environmental Planning and Assessment Act 1979 / Final Judgment After Conciliation and Hearing

Legal Issues

  1. 1 ['Whether the proposal would unreasonably impact views from public and private properties' 'Non-compliance with numerical controls and excessive bulk' "Whether proposal's height and number of storeys is excessive"]

Ratio Decidendi

The proposed third floor addition breaches height and setback planning controls, fails to respect the established building heights and topography of the locality, results in unreasonable and severe loss of amenity and views, particularly for 52 Peronne Ave and the public domain, and is inconsistent with planning objectives, warranting refusal of consent.

Court Disposition

Appeal dismissed; development application refused.

Orders

  • ['The appeal is dismissed.' 'Development Application No. 280/10 for a third floor addition is refused consent.' 'Exhibits, other than tab 18 of exhibit 1, 2 and 4, are returned.']