Benson McCormack Pty Ltd v Manly Council [2015] NSWLEC 1019

Land and Environment Court New South Wales

Medium Neutral Citation: Benson McCormack Pty Ltd v Manly Council [2015] NSWLEC 1019 Hearing dates: 5 and 6 February 2015 Date of orders: 16 February 2015 Decision date: 16 February 2015 Jurisdiction: Class 1 Before: Moore SC Decision: (1) The appeal is dismissed; (2) Development Application No. 130/2014 for the erection of an affordable rental housing residential flat building and a boarding house (together with the stratum subdivision of the resultant development into two lots) at 323 and 325 Sydney Road, Balgowlah is determined by the refusal of development consent; and (3) The exhibits, other than Exhibits A and 2, are returned. Catchwords: DEVELOPMENT APPLICATION: affordable rental housing; compatibility with character of local area; setbacks; overshadowing Legislation Cited: Environmental Planning And Assessment Act 1979 Manly Development Control Plan 2013 Manly Local Environmental Plan 2013 State Environmental Planning Policy (Affordable Rental Housing) 2009 Cases Cited: Botany Bay City Council v Premier Customs Services Pty Ltd [2009] NSWCA 226; (2009) 172 LGERA 338 Manzie v Willoughby City Council (1996) NSWLEC 26 Zhang v Canterbury City Council [2001] NSWCA 167; (2001) 115 LGERA 373 Category: Principal judgment Parties: Benson McCormack Pty Ltd (Applicant) Manly Council (Respondent) Representation: Counsel: Mr G McKee, solicitor (Applicant) Mr S Seton, solicitor (Respondent)