Baxter & Jacobson Architects Pty Limited v Manly Council [2011] NSWLEC 1200

Land and Environment Court New South Wales

Medium Neutral Citation: Baxter & Jacobson Architects Pty Limited v Manly Council [2011] NSWLEC 1200 Hearing dates: 7-8 July 2011 Decision date: 15 July 2011 Jurisdiction: Class 1 Before: Morris C Decision: (1)The appeal is upheld. (2)Development consent is granted to DA 259/2010 for the construction of alterations and additions to an existing residential flat building and amendment to the strata plan of subdivision at Lot 2 DP 602980, No. 11 Pine Street, Manly subject to the conditions included in Annexure "A". (3)The exhibits, other than exhibits A, C and 7 are returned. Catchwords: DEVELOPMENT APPLICATION - Residential Flat Building; Floor Space Ratio; Building Height, bulk and scale; Alterations and additions to include attic space. Legislation Cited: Manly Local Environmental Plan 1988 State Environmental Planning Policy No 65-Design Quality of Residential Flat Development. Cases Cited: Goldin & Anor v Minister for Transport Administering the Ports Corporation and Waterways Management Act 1995 [2002] NSWLEC 75 New Century Developments Pty Limited v Baulkham Hills Shire Council [2003] NSWLEC 154 PDE Investments No 8 Pty Ltd v Manly Council [2004] NSWLEC 355 Segal & Anor v Waverley Council [2004] NSWLEC 363 Zhang v Canterbury City Council (2001) 115 LGERA 373 Texts Cited: Manly Development Control Plan for the Residential Zone 2007 Amendment 1 NSW Residential Flat Design Code Category: Principal judgment Parties: Baxter & Jacobson Architects Pty Limited (Applicant) Manly Council (Respondent) Representation: Counsel Mr M Staunton (Applicant) Solicitors Ms C Schofield Wilshire Webb Staunton Beattie Lawyers (Applicant)