Benson McCormack Pty Ltd v Northern Beaches Council [2018] NSWLEC 1117

Land and Environment Court New South Wales

Medium Neutral Citation: Benson McCormack Pty Ltd v Northern Beaches Council [2018] NSWLEC 1117 Hearing dates: 22, 23 February 2018 Date of orders: 18 April 2018 Decision date: 07 March 2018 Jurisdiction: Class 1 Before: Brown C Decision: The Court orders: (1) Leave is granted to rely on the amended plans at Condition 1 in Annexure A. (2) The cl4.6 written request, dated March 2018, provides sufficient justification for a variation to the height development standard in cl 4.3 of Many LEP 2013. (3) The appeal is upheld. (4) Development Application No. 152/2017 for the demolition of all existing structures and construction of shop top housing development with strata subdivision at 31 Dobroyd Road, Balgowlah Heights, is approved subject to the conditions in Annexure A. (5) The exhibits are returned with the exception of exhibit 4. Catchwords: DEVELOPMENT APPLICATION: demolition of all existing improvements and construction of shop top housing; excessive height; inadequate landscaping; inadequate acoustic and visual privacy; view loss; poor streetscape appearance; resident concerns Legislation Cited: Environmental Planning and Assessment Act 1979 Manly Local Environment Plan 2013 State Environmental Planning Policy No. 65 - Design Quality of Residential Apartment Development Cases Cited: Schaffer Corporation v Hawkesbury City Council (1992) 77 LGRA 21 Texts Cited: Building Code of Australia Category: Principal judgment Parties: Benson McCormack Pty Ltd (Applicant) Northern Beaches Council (Respondent) Representation: Mr G McKee, solicitor (Applicant) Mr A Hudson, solicitor (Respondent)