Luxe Manly Pty Ltd v Manly Council [2016] NSWLEC 1167

Land and Environment Court New South Wales

Medium Neutral Citation: Luxe Manly Pty Ltd v Manly Council [2016] NSWLEC 1167 Hearing dates: 4, 5 February 2016, submissions 19 February 2016 Date of orders: 06 May 2016 Decision date: 06 May 2016 Jurisdiction: Class 1 Before: Pearson C Decision: 1. Leave is granted to the applicant to amend the development application to rely on the plans filed on 8 March 2016, being DA02, DA03, DA04, DA05, DA06, DA07, DA08, DA09, DA11, DA12, DA13, DA14, DA15, DA17, DA100, and DA22, all Issue F; 2. In accordance with s97B(2) of the Environmental Planning and Assessment Act 1979 the applicant is to pay the costs of the respondent thrown away as a consequence of the amendment of the application in order (1), in the agreed sum of $1; 3. In accordance with s97B(2) of the Environmental Planning and Assessment Act 1979 the applicant is to pay the costs of the respondent thrown away as a result of the amendment of the development application on 4 February 2016 to rely on the plans in exhibit F, being DA02, DA07, DA08, DA09, DA11, DA12, all Issue D1, as agreed or assessed; 4. The appeal is dismissed; 5. Development Application DA 243/14 for the consolidation of three lots and construction of two residential flat buildings at 138-139 North Steyne and 30 Bonner Avenue Manly is refused; and 6. The exhibits are returned except for exhibits A, F, G, 1, 6 and 8. Catchwords: DEVELOPMENT APPLICATION: Site consolidation and construction of two residential flat buildings –Height – Impact on views – Bulk and scale – Setbacks - Privacy Legislation Cited: Environmental Planning and Assessment Act 1979 Land and Environmental Court Act 1979 State Environmental Planning Policy No 65 – Design Quality of Apartment Development Manly Local Environmental Plan 2013 Cases Cited: Addenbrooke Pty Ltd v Woollahra Municipal Council [2008] NSWLEC 190 Four2Five Pty Ltd v Ashfield Council [2015] NSWLEC 90 Futurespace Pty Ltd v Ku-ring-gai Council [2009] NSWLEC 153 Gillespies v Warringah Council (2002) 124 LGERA 147 Lane Cove Council v Orca Partners Management Pty Ltd (No 2) [2015] NSWLEC 52, (2015) 208 LGERA 114 Moskovich v Waverley Council [2016] NSWLEC 1015 Randwick City Council v Micaul Holdings Pty Ltd [2016] NSWLEC 7 Schaffer Corporation v Hawkesbury City Council (1992) 77 LGRA 21 Tenacity Consulting v Waverley Council [2004] NSWLEC 140 Category: Principal judgment Parties: Luxe Manly Pty Ltd (Applicant) Manly Council (Respondent) Representation: Counsel: Mr T To (Applicant) Solicitors: Beatty Legal Pty Ltd (Applicant) Mr S Griffiths, Pikes and Verekers (Respondent) File Number(s): 10797 of 2015