Wynne v Manly Council [2005] NSWLEC 763

Wynne v Manly Council [2005] NSWLEC 763

Despite significant non-compliance with the DCP's FSR requirement, the proposed developments are consistent with existing and desired character of the area, achieve the zone's objectives, and the impacts in bulk, scale, and presentation are reasonable; strict enforcement of the FSR standard is neither warranted nor consistent with historical approvals or the transitional character of the locality.

Parties
Applicant: Penny and Charles Wynne; Respondent: Manly Council
Jurisdiction
Australia
Judgment Date
08 December 2005
Procedural Posture
Development Application Appeal / Extempore Judgment Following Hearing
Outcome
Appeals upheld
Legal Topics
Development Control Plan, Floor Space Ratio, Local Environment Plan, Residential Zoning, Development Applications
Planning and Environment Law Development Control Plan Floor Space Ratio Local Environment Plan Residential Zoning Development Applications

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Parties

Penny and Charles Wynne

Applicant

Manly Council

Respondent

Procedural Posture

Development Application Appeal / Extempore Judgment Following Hearing

Legal Issues

  1. 1 Whether proposed dwellings' exceedance of floor space ratio (FSR) under the Development Control Plan (DCP) is reasonable and permissible
  2. 2 Consistency of proposals with existing and desired residential character
  3. 3 Impact of bulk and scale on streetscape and locality

Ratio Decidendi

Despite significant non-compliance with the DCP's FSR requirement, the proposed developments are consistent with existing and desired character of the area, achieve the zone's objectives, and the impacts in bulk, scale, and presentation are reasonable; strict enforcement of the FSR standard is neither warranted nor consistent with historical approvals or the transitional character of the locality.

Court Disposition

Appeals upheld

Orders

  • Development consents for both Yatama Street and Benelong Street granted, subject to amended conditions as specified in the judgment.
  • Amendment of specific conditions relating to tree protection, pedestrian access, and time for completion (to 5 years).