Clissold v Manly Council [2004] NSWLEC 310

Clissold v Manly Council [2004] NSWLEC 310

The proposal was refused because, although close to being acceptable, its non-compliances with the DCP, particularly in relation to height and setbacks, produced unacceptable overshadowing impacts on the Timpson property and warranted refusal of the development application.

Jurisdiction
Australia
Judgment Date
07 June 2004
Procedural Posture
Development Application Appeal / Judgment After Hearing
Outcome
Appeal dismissed; development application refused.
Legal Topics
['development Consent' 'residential Development' 'development Control Plan Compliance' 'overshadowing' 'privacy' 'building Bulk and Scale' 'building Height and Setbacks' 'stormwater Drainage']
['planning and Environment Law'] ['development Consent' 'residential Development' 'development Control Plan Compliance' 'overshadowing' 'privacy' 'building Bulk and Scale' 'building Height and Setbacks' 'stormwater Drainage']

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Procedural Posture

Development Application Appeal / Judgment After Hearing

Legal Issues

  1. 1 ['Whether Development Application No 24/03 for demolition of an existing dwelling and erection of a new two-storey building containing two dwellings should be approved.' "Whether non-compliance with Manly Council's Development Control Plan for the Residential Zone 2001 in relation to height, setbacks and solar access warranted refusal." 'Whether the proposal would cause unacceptable amenity impacts to adjoining properties, particularly loss of privacy, overshadowing, and overbearing bulk and scale.' 'Whether drainage information was sufficient.']

Ratio Decidendi

The proposal was refused because, although close to being acceptable, its non-compliances with the DCP, particularly in relation to height and setbacks, produced unacceptable overshadowing impacts on the Timpson property and warranted refusal of the development application.

Court Disposition

Appeal dismissed; development application refused.

Orders

  • ['The appeal is dismissed.' 'The development application for the demolition of an existing dwelling house and the erection of a new building containing two dwellings at No. 7 Willyama Avenue, Fairlight, is determined by the refusal of consent.' 'the Exhibits A and 2 are retained.']