Panarea Investments Pty Ltd v Manly Council [2015] NSWLEC 1026

Panarea Investments Pty Ltd v Manly Council [2015] NSWLEC 1026

Condition ANS01 was not warranted because the proposed recessed fifth level and associated height variation were acceptable when assessed against the relevant objectives and controls. The development was consistent with the zone objectives and the objectives of the height standard, compatible with the character of the local area, did not adversely dominate the corner or streetscape, and had no perceivable unacceptable impact on views of the Pacific Ocean. The Court was satisfied that cl 29(4) of State Environmental Planning Policy (Affordable Rental Housing) 2009 allowed approval notwithstanding non-compliance with the height standard, and alternatively that the cl 4.6 written request...

Jurisdiction
Australia
Judgment Date
26 February 2015
Procedural Posture
Class 1 Appeal Under S97(1) of the Environmental Planning and Assessment Act 1979 Concerning Da30/2014 / Final Judgment on Appeal Concerning Condition ANS01
Outcome
The appeal was upheld and DA30/2014 was approved subject to conditions, with condition ANS01 deleted.
Legal Topics
['building Height Development Standard' 'boarding House Development' 'local Character and Streetscape Compatibility' 'view Impact' 'variation of Development Standards']
['planning and Environment Law' 'development Consent'] ['building Height Development Standard' 'boarding House Development' 'local Character and Streetscape Compatibility' 'view Impact' 'variation of Development Standards']

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Procedural Posture

Class 1 Appeal Under S97(1) of the Environmental Planning and Assessment Act 1979 Concerning Da30/2014 / Final Judgment on Appeal Concerning Condition ANS01

Legal Issues

  1. 1 ['Whether condition ANS01 requiring deletion of the proposed Level 5 and replacement with a non-trafficable roof level should be retained.' 'Whether the proposed variation to the 12 m height development standard was acceptable under cl 29(4) of State Environmental Planning Policy (Affordable Rental Housing) 2009 or, alternatively, cl 4.6 of Manly Local Environmental Plan 2013.' 'Whether the proposed fifth level would be inconsistent with the desired streetscape and character of the locality or unacceptably impact views of the Pacific Ocean from Sydney Road.']

Ratio Decidendi

Condition ANS01 was not warranted because the proposed recessed fifth level and associated height variation were acceptable when assessed against the relevant objectives and controls. The development was consistent with the zone objectives and the objectives of the height standard, compatible with the character of the local area, did not adversely dominate the corner or streetscape, and had no perceivable unacceptable impact on views of the Pacific Ocean. The Court was satisfied that cl 29(4) of State Environmental Planning Policy (Affordable Rental Housing) 2009 allowed approval notwithstanding non-compliance with the height standard, and alternatively that the cl 4.6 written request...

Court Disposition

The appeal was upheld and DA30/2014 was approved subject to conditions, with condition ANS01 deleted.

Orders

  • ['The appeal is upheld.' 'DA30/2014 for the demolition of all improvements and the construction of a part 3 and part 5 storey mixed use development at 36-46 Sydney Road, Manly is approved subject to the conditions in Annexure A.' 'The exhibits are returned with the exception of exhibits A and B.']