Sun Property Northbridge Pty Ltd v Northern Beaches Council [2021] NSWLEC 1631

Sun Property Northbridge Pty Ltd v Northern Beaches Council [2021] NSWLEC 1631

The amended proposal adequately responded to the planning controls and the concerns raised by Council and objectors. The Court preferred the Applicant's heritage evidence and found the proposal brought appropriate sensitivity to the heritage item, with landscaping, privacy, view loss, parking, construction, sunlight and dry stone wall concerns acceptable or capable of being managed by conditions. The cl 4.6 written request was upheld because the small height contravention of Building 4 achieved the objectives of the height standard, strict compliance was unreasonable and unnecessary, sufficient environmental planning grounds existed having regard to topography and design, and the proposal...

Jurisdiction
Australia
Judgment Date
26 October 2021
Procedural Posture
Class 1 Appeal Under S 8.7(1) of the Environmental Planning and Assessment Act 1979 Against Refusal of Development Application Da2019/0081 / Principal Judgment; Final Orders Granting Development Consent Subject to Conditions
Outcome
Appeal upheld; development consent granted subject to conditions; cl 4.6 written request upheld; Applicant ordered to pay Respondent's costs thrown away as agreed or assessed.
Legal Topics
['development Application' 'multi Dwelling Housing' 'heritage Impact' 'building Height Contravention' 'clause 4.6 Written Request' 'view Loss' 'visual Privacy' 'landscaping and Open Space' 'amenity Impacts' 'construction Impacts']
['planning and Environment' 'development Consent' 'heritage Conservation'] ['development Application' 'multi Dwelling Housing' 'heritage Impact' 'building Height Contravention' 'clause 4.6 Written Request' 'view Loss' 'visual Privacy' 'landscaping and Open Space' 'amenity Impacts' 'construction Impacts']

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Procedural Posture

Class 1 Appeal Under S 8.7(1) of the Environmental Planning and Assessment Act 1979 Against Refusal of Development Application Da2019/0081 / Principal Judgment; Final Orders Granting Development Consent Subject to Conditions

Legal Issues

  1. 1 ['Whether the amended development application adequately addressed heritage conservation and design impacts on the locally listed heritage item at 307 Sydney Road and related group of houses.' 'Whether landscaping, open space and external amenity impacts, including view loss, privacy, parking, sunlight access and construction impacts, warranted refusal or could be addressed by amendments and conditions.' 'Whether the written request under cl 4.6 of Manly Local Environmental Plan 2013 justified contravention of the cl 4.3 height of buildings development standard.' 'Whether the proposed development was in the public interest and consistent with the objectives of the height standard and the R1 General Residential zone.']

Ratio Decidendi

The amended proposal adequately responded to the planning controls and the concerns raised by Council and objectors. The Court preferred the Applicant's heritage evidence and found the proposal brought appropriate sensitivity to the heritage item, with landscaping, privacy, view loss, parking, construction, sunlight and dry stone wall concerns acceptable or capable of being managed by conditions. The cl 4.6 written request was upheld because the small height contravention of Building 4 achieved the objectives of the height standard, strict compliance was unreasonable and unnecessary, sufficient environmental planning grounds existed having regard to topography and design, and the proposal...

Court Disposition

Appeal upheld; development consent granted subject to conditions; cl 4.6 written request upheld; Applicant ordered to pay Respondent's costs thrown away as agreed or assessed.

Orders

  • ["The Applicant is to pay the Respondent's costs thrown away in accordance with s 8.15(3) of the Environmental Planning and Assessment Act 1979, as agreed or assessed." 'The written request seeking to justify the contravention of the height of buildings development standard at cl 4.3 of Manly Local Environmental...