One Three Pty Ltd v Manly Council [2012] NSWLEC 1191

One Three Pty Ltd v Manly Council [2012] NSWLEC 1191

The proposed development fails to achieve the Townscape objectives sought by the BDCP, particularly regarding building wall height, floor space ratio, and setbacks of Building B, with unacceptable privacy impacts resulting from the inadequate setbacks; accordingly, the application must fail.

Jurisdiction
Australia
Judgment Date
20 July 2012
Procedural Posture
Appeal Under S97 of the Environmental Planning and Assessment Act 1979 / Final Judgment
Outcome
Appeal dismissed
Legal Topics
['development Application' 'heritage Conservation Area' 'building Height' 'setback' 'floor Space Ratio' 'privacy Impacts']
['planning and Environment'] ['development Application' 'heritage Conservation Area' 'building Height' 'setback' 'floor Space Ratio' 'privacy Impacts']

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Procedural Posture

Appeal Under S97 of the Environmental Planning and Assessment Act 1979 / Final Judgment

Legal Issues

  1. 1 ['Whether the proposal adversely impacts on the heritage conservation area through the demolition of a contributory building and the design of the new building' 'Whether the height, setbacks, and floor space ratio of the proposal are acceptable']

Ratio Decidendi

The proposed development fails to achieve the Townscape objectives sought by the BDCP, particularly regarding building wall height, floor space ratio, and setbacks of Building B, with unacceptable privacy impacts resulting from the inadequate setbacks; accordingly, the application must fail.

Court Disposition

Appeal dismissed

Orders

  • ['The appeal is dismissed.' 'The development application for a mixed residential commercial development at 69 Pittwater Road, Manly, is refused.' 'The exhibits, except Exhibit 2, may be returned.']