Land and Environment Court
of New South Wales
CITATION: Stockland Development Pty Ltd v Manly Council [2004] NSWLEC 472 revised - 01/10/2004 PARTIES: Stockland Development Pty Ltd (Appl)
Manly Council (Resp)FILE NUMBER(S): 10428 of 2004 CORAM: McClellan CJ KEY ISSUES: Development Application :- Residential and commercial development
Floor space ratio
Height controls
Correct approach to consideration of and the weight to be given to development control plans
Development control plans
Correct approach to consideration of and the weight to be give to detailed planning policies adopted by a councilLEGISLATION CITED: Environmental Planning & Assessment Act 1979 CASES CITED: Boyce v Burwood Municipal Council (1964) 10 LGRA 280;
Crusade Constructions Co Pty Ltd v Sutherland Shire Council (1961) 6 LGRA 372;
Foreman v Sutherland Shire Council (1964) 10 LGRA 261;
Hunter District Industries Pty Ltd v Newcastle City Council (1957) 2 LGRA 240;
JOL Pty Ltd v Waverley Municipal Council (1971) 22 LGRA 152;
North Sydney Council v Ligon 302 Pty Ltd (1995) 87 LGERA 435 ;
North Sydney Council v Ligon 302 Pty Ltd (No 2) (1996) 93 LGERA 23;
Re Drake (No 2) (1979) 2 ALD 634 ;
Regent Project (No 6) Pty Ltd v Hornsby Shire Council (1970) 20 LGRA 316;
Leeroy Television Service Pty Ltd v Leichhardt Municipal Council (1970) 21 LGRA 40;
Segal v Waverley Council [2004] NSWLEC 363;
Shellcove Gardens Pty Ltd v North Sydney Municipal Council (1961) 6 LGRA 93 ;
Smith v Wyong Shire Council (No 2) (1980) 41 LGRA 202;
Terrace Tower Holdings Pty Ltd v Sutherland Shire Council (2003) 129 LGERA 195;
Willoughby Municipal Council v Manchil Pty Ltd (1974) 29 LGRA 303;
Zhang v Canterbury City Council (2001) 115 LGERA 373DATES OF HEARING: 26-30 July 2004 EX TEMPORE
JUDGMENT DATE :08/03/2004 LEGAL REPRESENTATIVES: D P F Officer QC/C J Leggat/B J Saunders (Resp)
M G Craig QC/I J Hemmings (Appl)
Mallesons Stephen Jaques (Sol - Appl)
Abbott Tout (Sol - Resp)
JUDGMENT:
THE LAND AND
ENVIRONMENT COURT
OF NEW SOUTH WALESMcCLELLAN J
TUESDAY 3 AUGUST 2004
JUDGMENT10428/04 STOCKLAND DEVELOPMENT PTY LTD v MANLY COUNCIL
1 HIS HONOUR: Before the Court is an application to redevelop the site which is generally known as the Balgowlah or Totem Shopping Centre. The shopping centre and the additional lands, the subject of the application, comprise the majority of an entire suburban block in Balgowlah bounded by Sydney Road, Condamine and Griffiths Streets and Woodland Street North. Adjoining suburbs include Manly Vale to the north, Clontarf, Balgowlah Heights and Seaforth to the south, and Manly and Fairlight to the east.
2 The site is irregular in shape and has a total area of approximately 2.8 hectares. The site slopes from the south-western corner at Woodland Street North down to the north-eastern corner at Condamine Street. The level changes from approximately RL45.7 AHD to RL24.62 AHD. This has been calculated as a fall of approximately 13 metres in a northerly direction along the Condamine Street frontage and…
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- Case
- [2004] NSWLEC 472
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