Nattrass v Northern Beaches Council [2021] NSWLEC 1079

Land and Environment Court New South Wales

Medium Neutral Citation: Nattrass v Northern Beaches Council [2021] NSWLEC 1079 Hearing dates: 4 December 2020 Date of orders: 18 February 2021 Decision date: 18 February 2021 Jurisdiction: Class 1 Before: Espinosa C Decision: The court orders that: (1) The appeal is dismissed. (2) The Applicant's Cl 4.6 written request justifying the contravention of cl 4.1 of the PLEP minimum subdivision lot size development standard is not upheld. (3) Development Application No DA2018/1066 for the subdivision of one lot into two lots, demolition works and construction of a driveway at 27 Kevin Avenue, Avalon, NSW legally identified as Lot 11 in Deposited Plan 12435 is refused. (4) Exhibits are returned except Exhibits A, 1 and 5. Catchwords: DEVELOPMENT APPEAL – subdivision – cl 4.6 variation request to vary minimum subdivision lot size development standard – tree canopy – orders Legislation Cited: Environmental Planning and Assessment Act 1979 Pittwater Local Environmental Plan 2014 Cases Cited: Initial Action Pty Ltd v Woollahra Municipal Council (2018) 236 LGERA 256; [2018] NSWLEC 118 Miller v Pittwater Council [2014] NSWLEC 1087 RebelMH Neutral Bay Pty Limited v North Sydney Council [2019] NSWCA 130 STM 123 No. 7 Pty Ltd v Waverley Council [2020] NSWLEC 1495 Wehbe v Pittwater Council (2007) 156 LGERA 446; [2007] NSWLEC 827 Texts Cited: Pittwater 21 Development Control Plan Category: Principal judgment Parties: Gregory Nattrass (Applicant) Northern Beaches Council (Respondent) Representation: Counsel: T Sattler (Solicitor) (Applicant) S Patterson (Solicitor) (Respondent)