SMS Architects Pty Limited v Manly Council [2008] NSWLEC 1164

SMS Architects Pty Limited v Manly Council [2008] NSWLEC 1164

The Court accepted the amended proposal as resulting in only minor additional visual bulk and view loss due to the remaining lift overruns; the amendments addressed the adverse impacts to the satisfaction of the objectors, council, and court. Final approval was subject to parties filing agreed amended plans reflecting all modifications.

Parties
Applicant: SMS Architects Pty Limited; Respondent: Manly Council
Jurisdiction
Australia
Judgment Date
17 April 2008
Procedural Posture
Appeal / Ex Tempore Judgment Following Hearing of Appeal and Section 96 Modification Application
Outcome
Conditionally allowed (subject to filing and approval of amended plans)
Legal Topics
Section 96 Modification, Rooftop Structures, Building Height Controls, View Loss, Visual Impact
Planning and Environment Section 96 Modification Rooftop Structures Building Height Controls View Loss Visual Impact

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Parties

SMS Architects Pty Limited

Applicant

Manly Council

Respondent

Procedural Posture

Appeal / Ex Tempore Judgment Following Hearing of Appeal and Section 96 Modification Application

Legal Issues

  1. 1 Appropriateness of development consent for rooftop structures including lift overruns
  2. 2 Compliance with building height limit and development control plan provisions
  3. 3 Impact on views and visual amenity

Ratio Decidendi

The Court accepted the amended proposal as resulting in only minor additional visual bulk and view loss due to the remaining lift overruns; the amendments addressed the adverse impacts to the satisfaction of the objectors, council, and court. Final approval was subject to parties filing agreed amended plans reflecting all modifications.

Court Disposition

Conditionally allowed (subject to filing and approval of amended plans)

Orders

  • Applicant to give respondent amended plans by 22 April 2008.
  • Respondent to assess and advise applicant of any concerns and any conditions by 28 April 2008.