Blackmore Design Group Pty Ltd v Manly Council [2014] NSWLEC 1180

Land and Environment Court New South Wales

Medium Neutral Citation: Blackmore Design Group Pty Ltd v Manly Council [2014] NSWLEC 1180 Hearing dates: 3, 4 June and 11 August 2014 Decision date: 26 August 2014 Jurisdiction: Class 1 Before: Tuor C Decision: 1. The appeal is upheld. 2. The development application (DA 81/2013) for the demolition of existing buildings, the construction of a seven level mixed residential and commercial building with ground level retail, six commercial studios and ten residential units over basement parking and car stacker for 18 cars is approved subject to the conditions in Annexure "A". 3. The exhibits, other than Exhibits 1, K and O, are returned. Catchwords: DEVELOPMENT APPLICATION - mixed commercial residential building, floor space ratio, setbacks, streetscape, internal amenity Legislation Cited: Environmental Planning and Assessment Act 1979 Land and Environment Court Act 1979 Manly Local Environmental Plan 1988 Manly Local Environmental Plan 2013 State Environmental Planning Policy No 65 - Design Quality of Residential Flat Development Cases Cited: Davies v Penrith City Council [2003] NSWLEC 1141 Jaques Avenue Bondi Pty Ltd v Waverley Council (No 1) [2003] NSWLEC 421). Maygood Australia Pty Ltd v Willoughby City Council [2013] NSWLEC 142 Tenacity Consulting v Warringah Council [2004] NSWLEC 140 Stockland Development Pty Ltd v Manly Council [2004] NSWLEC 472 Terrace Tower Holdings Pty Limited v Sutherland Shire Council 2003 NSWCA 289 Category: Principal judgment Parties: Blackmore Design Group Pty Ltd (Applicant)