Tricon Services Group Pty Limited v Manly Council

Tricon Services Group Pty Limited appealed against the refusal of the Manly Council to approve a development application for the demolition of existing improvements and the construction of a mixed commercial and residential development at 46, 47, and 48 North Steyne, Manly. The Local Planning Panel refused the application on the basis that it did not comply with the North Steyne Local Character Area Protection Policy. The appellant argued that the refusal was unreasonable and that the policy was not applicable to the site. The respondent maintained that the refusal was reasonable and in accordance with the policy. The appeal was heard by the Land and Environment Court of New South Wales. The court had to decide whether the Local Planning Panel's refusal of the development application was unreasonable and whether the North Steyne Local Character Area Protection Policy was applicable to the site. The court found that the Local Planning Panel's refusal of the development application was not unreasonable. The court held that the policy was applicable to the site and that the appellant had not demonstrated that the proposed development was consistent with the policy. The court also found that the appellant had not demonstrated that the refusal would result in substantial hardship or injustice. The appeal was dismissed, and the development application was refused. The exhibits were returned, with the exception of exhibit 1.