Wylie v Warringah Council [2000] NSWLEC 75

Land and Environment Court of New South Wales

CITATION : Wylie v Warringah Council [2000] NSWLEC 75 APPLICANT: PARTIES : Roger Wylie RESPONDENT: Warringah Council FILE NUMBER(S) : 10929 of 1999 CORAM: Lloyd J KEY ISSUES: Development :- SEPP 5 application - development consent refused as development not convenient to services and facilities - unacceptable impact on adjoining properties. LEGISLATION CITED: State Environmental Planning Policy No 5, cl (1), (2) Warringah Local Environmental Plan 1985, zoning table CASES CITED: Sydney Housing Company Pty Ltd v Pittwater Council (Roseth C, 10963/98, 3 June 1999, unreported) DATES OF HEARING: 16/03/00 EX TEMPORE 03/16/2000 JUDGMENT DATE :

APPLICANT: D P Wilson (barrister) SOLICITORS: Michael Roberts & Associates LEGAL REPRESENTATIVES: RESPONDENT: I J Hemmings (barrister) SOLICITORS: Wilshire Webb

JUDGMENT: IN THE LAND AND Matter No: 10929 of 1999 ENVIRONMENT COURT Coram: Lloyd J with Senior Commissioner P Jensen OF NEW SOUTH WALES Decision date: 16/03/00

Wylie Applicant

v

Warringah Council Respondent

JUDGMENT

HIS HONOUR:

1. This is an appeal under s 97 of the Environmental Planning and Assessment Act 1979 against the deemed refusal by the respondent, Warringah Council (which I shall call "the Council"), to consent to a development application for 12 single storey dwellings for older people and people with a disability pursuant to State Environmental Planning Policy No. 5 (which I shall call "the Policy"). On the fourth day of the hearing the applicant amended the application to reduce the number of dwellings to eleven.