Tulloch v Manly Council [2008] NSWLEC 1368

Tulloch v Manly Council [2008] NSWLEC 1368

The amended proposal, by reducing scale, height, and excavation, and incorporating mature tree replacement, satisfactorily meets the control objectives for bulk, scale, amenity, landscaping, and view sharing without causing unacceptable adverse impacts. Conditional consent is thus warranted.

Parties
Applicant: William Paul Tulloch; Respondent: Manly Council
Jurisdiction
Australia
Judgment Date
11 September 2008
Procedural Posture
Development Appeal / Judgment After Hearing
Outcome
Appeal upheld. Development consent conditionally granted.
Legal Topics
Development Application, Residential Zoning, Floor Space Ratio (fsr), Height Controls, Excavation Limits, Tree Removal, View Impact, Side Setbacks
Planning and Development Environmental Law Development Application Residential Zoning Floor Space Ratio (fsr) Height Controls Excavation Limits Tree Removal +2 more

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Parties

William Paul Tulloch

Applicant

Manly Council

Respondent

Procedural Posture

Development Appeal / Judgment After Hearing

Legal Issues

  1. 1 Whether the proposed development complies with FSR, height, excavation, side setback and other planning controls
  2. 2 Impact of the proposed development on neighbouring amenity, views, and vegetation, especially Tree 7 (Angophora costata)
  3. 3 Appropriate application of view sharing principles and landscaping requirements

Ratio Decidendi

The amended proposal, by reducing scale, height, and excavation, and incorporating mature tree replacement, satisfactorily meets the control objectives for bulk, scale, amenity, landscaping, and view sharing without causing unacceptable adverse impacts. Conditional consent is thus warranted.

Court Disposition

Appeal upheld. Development consent conditionally granted.

Orders

  • The appeal is upheld.
  • Development consent is granted to DA No 373/06 for the demolition of an existing dwelling and carport and construction of a new dwelling house and swimming pool at 11 Barrabooka Street Clontarf subject to the conditions in Annexure A.