Owen Haviland Architects Pty Limited v. Manly Council [1998] NSWLEC 126

Owen Haviland Architects Pty Limited v. Manly Council [1998] NSWLEC 126

Development consent was refused because the proposal was an excessive building on the site, involved significant non-compliance with DCP setback and parking requirements, failed to demonstrate that adjoining properties would not be adversely affected, would severely affect the amenity of Unit 3 at No 76 and open space at No 3 and No 5 through overshadowing and loss of outlook, and would detrimentally alter the character, setting and heritage value of the bungalow and the streetscape.

Jurisdiction
Australia
Judgment Date
29 October 1998
Procedural Posture
Class 1 Development Appeal Against Deemed Refusal and Subsequent Refusal of a Development Application / Judgment After Hearing
Outcome
Appeal dismissed; development consent refused.
Legal Topics
['development Consent' 'development Control Plan Compliance' 'heritage Item and Curtilage' 'setbacks' 'overshadowing' 'privacy and Amenity' 'parking' 'landscaping']
['environmental Planning and Assessment' 'land and Environment' 'heritage Conservation'] ['development Consent' 'development Control Plan Compliance' 'heritage Item and Curtilage' 'setbacks' 'overshadowing' 'privacy and Amenity' 'parking' 'landscaping']

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Procedural Posture

Class 1 Development Appeal Against Deemed Refusal and Subsequent Refusal of a Development Application / Judgment After Hearing

Legal Issues

  1. 1 ['Whether the proposed residential development complied with the Manly Local Environmental Plan 1998 and the Manly Development Control Plan for the Residential Zone 1986 (Amendment 3).' 'Whether the proposal would adversely affect the heritage significance of the Californian bungalow at 78 Wanganella Street, Balgowlah and its setting.' 'Whether the relevant matters under Section 90 of the Environmental Planning and Assessment Act 1979 warranted refusal of development consent, including amenity, overshadowing, privacy, parking and landscaping impacts.']

Ratio Decidendi

Development consent was refused because the proposal was an excessive building on the site, involved significant non-compliance with DCP setback and parking requirements, failed to demonstrate that adjoining properties would not be adversely affected, would severely affect the amenity of Unit 3 at No 76 and open space at No 3 and No 5 through overshadowing and loss of outlook, and would detrimentally alter the character, setting and heritage value of the bungalow and the streetscape.

Court Disposition

Appeal dismissed; development consent refused.

Orders

  • ['The appeal be dismissed.' 'Development Application No 279/97 for a residential flat building at No 78 Wanganella Street, Balgowlah be determined by the refusal of consent.' 'No order as to costs.' 'The exhibits be returned.']