Memel Holdings Pty Limited v Pittwater Council (No 3) [2001] NSWLEC 240

Land and Environment Court of New South Wales

CITATION : Memel Holdings Pty Limited v Pittwater Council (No 3) [2001] NSWLEC 240 APPLICANT: Memel Holdings Pty Limited PARTIES : RESPONDENT: Pittwater Council FILE NUMBER(S) : 11035 of 1999 CORAM: Bignold J KEY ISSUES: Development Application :- proposed subdivision of land into lots below minimum size prescribed by LEP - objection pursuant to SEPP No 1 - land within Conservation Area under LEP. LEGISLATION CITED: State Environmental Planning Policy No 1 - Development Standards CASES CITED: Ingham Enterprises Pty Ltd v Kira Holdings Pty Ltd (1996) 90 LGERA 68; Shoalhaven City Council v Lovell (1996) 136 FLR 58 DATES OF HEARING: 23-25 May 2001, 19 June 2001 DATE OF JUDGMENT: 10/17/2001

APPLICANT: Mr P Graham QC SOLICITORS Bradfield Scott LEGAL REPRESENTATIVES: RESPONDENT: Mr D Parry, Barrister SOLICITORS Mallesons Stephen Jacques

JUDGMENT:

IN THE LAND AND Matter No. 11035 of 1999 ENVIRONMENT COURT OF Coram: Bignold J. NEW SOUTH WALES 17 October 2001

MEMEL HOLDINGS PTY LIMITED

Applicant

v

PITTWATER COUNCIL (NO. 3)

Respondent

JUDGMENT

Bignold J: A. INTRODUCTION

1. This is an appeal pursuant to the Environmental Planning and Assessment Act 1979, s 97 (the EP&A Act) against the Council's deemed refusal of a development application to subdivide an existing lot known as No 93 Florida Road, Palm Beach (the development site) into two lots (proposed lots 11 and 12) containing areas of 645 m2 and 671 m2 respectively and having frontages to Livistona Lane and Florida Road, respectively. Proposed Lot 11 is vacant land and proposed lot 12 contains an existing dwelling known as "The Moorings" being a heritage item designated under the Pittwater Local Environmental Plan 1993 (the LEP). The development site is one of eight adjacent lots fronting Florida Road comprising a designated Heritage Conservation Area under the LEP.