Aleksandar Design Group Pty Ltd v Manly Council [2012] NSWLEC 1339

Land and Environment Court New South Wales

Medium Neutral Citation: Aleksandar Design Group Pty Ltd v Manly Council [2012] NSWLEC 1339 Hearing dates: 26-28 November 2012 Decision date: 11 December 2012 Jurisdiction: Class 1 Before: Tuor C Decision: 1.Leave is granted to amend the development application and rely on amended plans. 2.The appeal is upheld. 3.The development application (DA 126/2011) for a residential flat building comprising 5 units and basement parking for 12 cars at 4 West Street, Balgowlah is approved subject to the conditions in Annexure A. 4.The exhibits, except Exhibits 2, F and M, may be returned. 5.Under s97B, the applicant is to pay the costs of the council that are thrown away as a result of amending the development application, as agreed or assessed. Catchwords: DEVELOPMENT APPLICATION - residential flat building, compatibility with character of local area, resident concerns. Legislation Cited: Environmental Planning and Assessment Act Manly Local Environmental Plan 1988 State Environmental Planning Policy - Design Quality of Residential Flat Development State Environmental Planning Policy (Affordable Rental Housing) 2009 Cases Cited: Project Venture Developments Pty Ltd v Pittwater Council [2005] NSWLEC 191 Category: Principal judgment Parties: Aleksandar Design Group Pty Ltd (Applicant)

Manly Council (Respondent) Representation: Mr M Staunton (Applicant)

Mr Norton (Respondent) Solicitors Wilshire Webb Staunton Beattie (Applicant)