One Three Pty Ltd v Manly Council [2012] NSWLEC 1191

Land and Environment Court New South Wales

Medium Neutral Citation: One Three Pty Ltd v Manly Council [2012] NSWLEC 1191 Hearing dates: 9 and 10 May 2012 Decision date: 20 July 2012 Jurisdiction: Class 1 Before: Tuor C Decision: 1. The appeal is dismissed. 2. The development application for a mixed residential commercial development at 69 Pittwater Road, Manly, is refused. 3. The exhibits, except Exhibit 2, may be returned. Catchwords: DEVELOPMENT APPLICATION - mixed residential commercial development. Impact on heritage conservation area, building height, setback, and floor space ratio. Privacy impacts Legislation Cited: Environmental Planning and Assessment Act 1979 Manly Local Environmental Plan 1988 State Environmental Planning Policy No 65 - Design Quality of Residential Flat Buildings Cases Cited: Seaside Property Developments Pty Limited v Wyong Shire Council [2004] NSWLEC 117 Tricon Services Group Pty Ltd v Manly Council (No 2) [2011] NSWLEC 253 Category: Principal judgment Parties: One Three Pty Ltd (Applicant)

Manly Council (Respondent) Representation: Counsel Mr G McKee, solicitor (Applicant)

Mr A Seton, solicitor (Respondent) Solicitors McKees Legal Solutions (Applicant)

Marsdens Law Group Lawyers (Respondent) File Number(s): 11004 of 2011

Judgment 1This is an appeal under s97 of the Environmental Planning and Assessment Act 1979 (EPA Act) against the refusal by Manly Council (council) of a development application (DA138/11) for the "demolition of the existing buildings, construction of two separate buildings consisting of a three (3) level (Building A) and a five (5) level building (Building B) for mixed use development comprising of 150sqm retail/commercial space, thirty eight (38) dwellings, a two level basement carpark with forty four (44) spaces and strata subdivision" at 69 Pittwater Road, Manly (site). 2The key issues in dispute between the parties are whether: (i) the proposal adversely impacts on the heritage conservation area through the demolition of a contributory building and the design of the new building. (ii) the height, setbacks and floor space ratio of the proposal are acceptable.