Talbert v Manly Council [2011] NSWLEC 1326

Talbert v Manly Council [2011] NSWLEC 1326

The Court found that, on the merits, the proposed development's non-compliance with the numerical side setback control did not result in an unacceptable impact on amenity, streetscape, privacy, or heritage, and thus the relevant objectives of the LEP and DCP were satisfied. Condition ANS 01 should be deleted, and condition ANS04 amended as agreed by the parties.

Jurisdiction
Australia
Judgment Date
15 November 2011
Procedural Posture
Development Appeal / Final Merits Hearing and Determination
Outcome
Appeal upheld subject to conditions
Legal Topics
['development Consent Conditions' 'side Setback Requirements' 'application of Development Control Plans' 'heritage Items' 'amenity and Streetscape']
['planning and Environment Law'] ['development Consent Conditions' 'side Setback Requirements' 'application of Development Control Plans' 'heritage Items' 'amenity and Streetscape']

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 1 Authorities cited 2 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Procedural Posture

Development Appeal / Final Merits Hearing and Determination

Legal Issues

  1. 1 ['Whether condition ANS 01 relating to side setback should be deleted' 'Whether the proposed nil side setback is acceptable under relevant planning controls and objectives' 'Whether excavation and landscaping conditions are appropriate' 'Whether agreed amendments to condition ANS04 should be adopted']

Ratio Decidendi

The Court found that, on the merits, the proposed development's non-compliance with the numerical side setback control did not result in an unacceptable impact on amenity, streetscape, privacy, or heritage, and thus the relevant objectives of the LEP and DCP were satisfied. Condition ANS 01 should be deleted, and condition ANS04 amended as agreed by the parties.

Court Disposition

Appeal upheld subject to conditions

Orders

  • ['Appeal 10711 of 2011 is upheld.' 'Development Application No DA 159/11 is determined by approval, subject to the conditions imposed by Manly Council on 15 September 2011, except that condition ANS 01 is to be deleted and ANS04 is to be amended as agreed by the parties.' 'Exhibits A and 4 are returned; all others...