Proactive Management Specialists Pty Ltd v Manly Council [2008] NSWLEC 1426

Proactive Management Specialists Pty Ltd v Manly Council [2008] NSWLEC 1426

Approval of the development is justified, subject to the deletion of the uppermost storeys, because the resulting built form suitably mediates between high-rise and conservation area densities, satisfies relevant planning controls in context, does not give rise to unacceptable impacts on heritage, amenity, view loss or solar access, and is consistent with SEPP 65 principles as well as the objectives of the Manly Local Environmental Plan.

Parties
Applicant: Proactive Management Specialists Pty Ltd; Respondent: Manly Council
Jurisdiction
Australia
Judgment Date
18 September 2008
Procedural Posture
Development Appeal / Judgment on Appeal
Outcome
Appeal upheld; amended development application granted deferred commencement consent with conditions
Legal Topics
Development Applications, Heritage Impacts, Overshadowing, Residential Flat Development, Local Environmental Plan, Development Control Plan, Setbacks, FSR (floor Space Ratio), View Loss, Solar Access
Planning Law Environmental Law Development Applications Heritage Impacts Overshadowing Residential Flat Development Local Environmental Plan Development Control Plan +4 more

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Parties

Proactive Management Specialists Pty Ltd

Applicant

Manly Council

Respondent

Procedural Posture

Development Appeal / Judgment on Appeal

Legal Issues

  1. 1 Whether the proposed development should be granted consent given non-compliance with planning controls for FSR, wall height, and setbacks
  2. 2 Whether the development adversely impacts heritage buildings or the conservation area
  3. 3 Whether overshadowing, amenity, view loss, privacy, and other impacts warrant refusal of the application

Ratio Decidendi

Approval of the development is justified, subject to the deletion of the uppermost storeys, because the resulting built form suitably mediates between high-rise and conservation area densities, satisfies relevant planning controls in context, does not give rise to unacceptable impacts on heritage, amenity, view loss or solar access, and is consistent with SEPP 65 principles as well as the objectives of the Manly Local Environmental Plan.

Court Disposition

Appeal upheld; amended development application granted deferred commencement consent with conditions

Orders

  • The appeal in respect of 2A-6 Denison Street and 54-59 Whistler Street, Manly is upheld.
  • The development application as amended is granted a deferred commencement consent subject to the conditions in Annexure 'A'.