MV Developments Pty Ltd v Manly Council [2014] NSWLEC 1083

MV Developments Pty Ltd v Manly Council [2014] NSWLEC 1083

The amended proposal, subject to specified further amendments to maximise habitat for the Long-nosed Bandicoot and privacy measures, achieves an appropriate balance between permitting reasonable development and preserving key elements of amenity, views, and ecological values. Flexibility in application of certain planning controls is warranted, as the overall objectives are met and the impacts are not unreasonable. Consequently, the appeal is upheld and the development is approved with conditions.

Parties
Applicant: MV Developments Pty Ltd; Respondent: Manly Council
Jurisdiction
Australia
Judgment Date
14 April 2014
Procedural Posture
Development Application Appeal / Judgment Following Hearing and Amended Plans
Outcome
Appeal upheld
Legal Topics
Development Application, View Sharing, Environmental Impact, Residential Density, Open Space Requirements, Foreshore Scenic Protection, Threatened Species, Bulk and Scale Controls
Planning and Environment Administrative Law Development Application View Sharing Environmental Impact Residential Density Open Space Requirements Foreshore Scenic Protection +2 more

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Parties

MV Developments Pty Ltd

Applicant

Manly Council

Respondent

Procedural Posture

Development Application Appeal / Judgment Following Hearing and Amended Plans

Legal Issues

  1. 1 Whether the development application should be approved despite non-compliance with certain planning controls
  2. 2 Impact of proposal on views and amenity of neighbours
  3. 3 Impact on threatened species (Long-nosed Bandicoot)

Ratio Decidendi

The amended proposal, subject to specified further amendments to maximise habitat for the Long-nosed Bandicoot and privacy measures, achieves an appropriate balance between permitting reasonable development and preserving key elements of amenity, views, and ecological values. Flexibility in application of certain planning controls is warranted, as the overall objectives are met and the impacts are not unreasonable. Consequently, the appeal is upheld and the development is approved with conditions.

Court Disposition

Appeal upheld

Orders

  • The appeal is upheld.
  • Development Application No. 297/2012 for a five storey residential flat building at 102 Bower Street and 12-13 Marine Parade Manly is approved, subject to the conditions of consent attached in Annexure A.