MV Developments Pty Ltd v Manly Council [2014] NSWLEC 1083

Land and Environment Court New South Wales

Medium Neutral Citation: MV Developments Pty Ltd v Manly Council [2014] NSWLEC 1083 Hearing dates: 5-7 February 2014 Decision date: 14 April 2014 Jurisdiction: Class 1 Before: O'Neill C Decision: 1. The appeal is upheld. 2. Development Application No. 297/2012 for a five storey residential flat building at 102 Bower Street and 12-13 Marine Parade Manly is approved, subject to the conditions of consent attached in Annexure A. 3. The exhibits, other than exhibits 1, 7, 8 and F, are returned. Catchwords: DEVELOPMENT APPLICATION: demolition of existing buildings and construction of a residential flat building; resident objectors; impact on views; bulk and scale; impact on visual and acoustic privacy and sunlight access of neighbours; impact on the foreshore scenic protection area; impact on the streetscapes of Bower Street and Marine Parade; car parking and excavation; whether the proposal is consistent with the design principles of SEPP 65 and the aims of SEPP 71. Legislation Cited: Environmental Planning and Assessment Act 1979 Land and Environment Court Act 1979 Cases Cited: Maygood Australia Pty Ltd v Willoughby City Council [2013] NSWLEC 142 Tenacity Consulting v Warringah [2004] NSWLEC 140 Category: Principal judgment Parties: MV Developments Pty Ltd (Applicant) Manly Council (Respondent) Representation: Mr Adrian Galasso SC (Applicant) Ms Colleen Schofield, Solicitor (Respondent) McKees Legal Solutions (Applicant) Pikes & Verekers Lawyers (Respondent) File Number(s): 10540 of 2013