Susan Rothwell Architects v Manly Council [2006] NSWLEC 373

Susan Rothwell Architects v Manly Council [2006] NSWLEC 373

The appeal is dismissed as the proposal results in excessive wall height and increases floor space ratio beyond permissible limits, leading to bulk and scale inappropriate for the sensitive foreshore and heritage context, contrary to council's policies and not in the public interest.

Parties
Applicant: Susan Rothwell Architects; Respondent: Manly Council
Jurisdiction
Australia
Judgment Date
19 June 2006
Procedural Posture
Appeal / Final Judgment
Outcome
Appeal dismissed
Legal Topics
Development Application, Floor Space Ratio, Wall Height, Development Control, Local Environmental Plan, Scenic Protection, Design Quality of Residential Flat Development
Planning and Environment Development Application Floor Space Ratio Wall Height Development Control Local Environmental Plan Scenic Protection Design Quality of Residential Flat Development

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Parties

Susan Rothwell Architects

Applicant

Manly Council

Respondent

Procedural Posture

Appeal / Final Judgment

Legal Issues

  1. 1 Whether the proposal complies with the floor space ratio and wall height controls under relevant planning instruments
  2. 2 Whether the proposed addition results in overdevelopment, excessive bulk, and adverse impact on the scenic foreshore and heritage surroundings
  3. 3 Whether the proposal adequately addresses State Environmental Planning Policy No 65 – Design Quality of Residential Flat Development

Ratio Decidendi

The appeal is dismissed as the proposal results in excessive wall height and increases floor space ratio beyond permissible limits, leading to bulk and scale inappropriate for the sensitive foreshore and heritage context, contrary to council's policies and not in the public interest.

Court Disposition

Appeal dismissed

Orders

  • The appeal under s 97 of the Environmental Planning and Assessment Act 1979 is dismissed.
  • Development application No 403/05, lodged with the respondent council on 5 September 2005 to alter and add to an approved four unit residential building on the land at Lots 40 and 41, DP4682, being Nos 85 - 87 Lauderdale Avenue, Fairlight, is refused development consent.