T & P Manly Land Pty Ltd v Northern Beaches Council [2024] NSWLEC 1446

T & P Manly Land Pty Ltd v Northern Beaches Council [2024] NSWLEC 1446

The Court was satisfied that, following amendments and subject to agreed conditions, all statutory and jurisdictional requirements for consent were met, including justified departures from building height and commercial GFA standards under cl 4.6 of the Manly LEP, and thus ordered that the appeal be upheld and consent granted.

Jurisdiction
Australia
Judgment Date
30 July 2024
Procedural Posture
Development Appeal Class 1 / Judgment Following Conciliation Conference and Agreement
Outcome
Appeal upheld; development consent granted subject to conditions and with agreed amendments; Applicant to pay Respondent's costs thrown away as a result of the amendment.
Legal Topics
['development Consent' 'conciliation Conference' 'statutory Planning Controls' 'building Height Standards' 'commercial Floor Space Controls' 'flood Planning' 'heritage Conservation' 'stormwater Management' 'active Street Frontages']
['planning and Environment Law'] ['development Consent' 'conciliation Conference' 'statutory Planning Controls' 'building Height Standards' 'commercial Floor Space Controls' 'flood Planning' 'heritage Conservation' 'stormwater Management' 'active Street Frontages']

Case Brief

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Procedural Posture

Development Appeal Class 1 / Judgment Following Conciliation Conference and Agreement

Legal Issues

  1. 1 ['Whether the proposed development should be granted consent subject to agreed amendments and conditions' 'Whether jurisdictional prerequisites to granting consent under the Environmental Planning and Assessment Act 1979 are satisfied' "Whether the development's non-compliance with building height and commercial GFA controls is justified under cl 4.6 of Manly LEP" 'Whether the development addresses flood risk, heritage, stormwater, and other relevant planning controls']

Ratio Decidendi

The Court was satisfied that, following amendments and subject to agreed conditions, all statutory and jurisdictional requirements for consent were met, including justified departures from building height and commercial GFA standards under cl 4.6 of the Manly LEP, and thus ordered that the appeal be upheld and consent granted.

Court Disposition

Appeal upheld; development consent granted subject to conditions and with agreed amendments; Applicant to pay Respondent's costs thrown away as a result of the amendment.

Orders

  • ['The appeal is upheld.' "Development Application DA2023/0987 for demolition of existing structures and construction of a shop top housing development comprising ground floor retail premises, 24 residential apartments and two levels of basement carparking at 35-43 Belgrave Street Manly, NSW 2095, is granted...