Development granted with FSR 20% Greater than Northern Beaches Council Controls
When a developer approached McKees with plans for 30 Fairlight Street, Manly, they faced what appeared to be an insurmountable planning hurdle: their design exceeded the Floor Space Ratio (FSR) controls by 20% - a variation that Northern Beaches Council had historically resisted.
The Vision
The proposal sought to create five generously-sized three-bedroom apartments in a three-storey residential flat building with basement parking. However, to achieve the high-quality living spaces envisioned, the design needed to push beyond conventional planning controls.
Multiple Challenges
Beyond the significant FSR variation, the development faced numerous other hurdles. The Council raised concerns about building height, setbacks, streetscape character, and compliance with SEPP 65's Design Quality Principles and the Apartment Design Guide (ADG). Additional issues included stormwater management and questions about traffic access and parking safety.
Strategic Approach
In December 2021, McKees initiated proceedings in the Land & Environment Court against Council's deemed refusal. Rather than immediately proceeding to hearing, McKees engaged in strategic negotiations, including a "without prejudice" meeting in April 2022 that led to refined plans addressing key concerns.
The Path to Approval
Through a carefully managed process including two strategic Notices of Motion and extensive preparation, McKees built a compelling case for the development. The matter proceeded to a two-day hearing in October 2022, where McKees successfully demonstrated how the increased density could be achieved while maintaining appropriate urban design outcomes.
The Result
On December 1, 2022, the Land & Environment Court upheld the appeal, granting consent for the development with the full 20% FSR variation sought. This landmark decision demonstrated that significant variations to development standards can be achieved when supported by proper planning justification and strategic legal advocacy.
