Highbury Group Pty Ltd v Manly Council [2014] NSWLEC 1094

Land and Environment Court New South Wales

Medium Neutral Citation: Highbury Group Pty Ltd v Manly Council [2014] NSWLEC 1094 Hearing dates: 19 May 2014 Decision date: 20 May 2014 Jurisdiction: Class 1 Before: Tuor C Decision: 1.The appeal is upheld. 2.The application under s 96(8) of the Environmental Planning and Assessment Act 1979 to modify, under s 96(2), the development consent DA 126/2011 for the construction of a residential flat building at 4 West Street, Balgowlah, is determined by approving the modifications subject to the changes to the conditions of development consent; 3.As a consequence of order (2), Development Consent No DA 126/2011 is now subject to the consolidated, modified conditions of development consent set out in Annexure A; and 4.The exhibits, other than Exhibits 1, A and B, are returned. Catchwords: DEVELOPMENT CONSENT- amend consent for residential flat building to increase number of units. Whether increase in height, floor space ratio and density of the proposal is acceptable. Resident concerns. Legislation Cited: Environmental Planning and Assessment Act Land and Environment Court Act Manly Local Environmental Plan 2013 State Environmental Planning Policy - Design Quality of Residential Flat Development State Environmental Planning Policy (Affordable Rental Housing) 2009 Cases Cited: Aleksandar Design Group Pty Ltd v Manly Council [2012] NSWLEC 1339 Category: Principal judgment Parties: Highbury Group Pty Ltd (Applicant)

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