SDA International Pty Limited v Pittwater Council [2001] NSWLEC 198

Land and Environment Court of New South Wales

CITATION : SDA International Pty Limited v Pittwater Council [2001] NSWLEC 198 APPLICANT SDA International Pty Limited PARTIES : RESPONDENT Pittwater Council FILE NUMBER(S) : 10092 of 2001 CORAM: McEwen AJ KEY ISSUES: Development Application :- SEPP 5 LEGISLATION CITED: Environmental Planning and Assessment Act 1979, s 95 CASES CITED: DATES OF HEARING: 10/08/2001, 13/08/2001 DATE OF JUDGMENT: 08/24/2001

APPLICANT Mr P Clay (Barrister)

SOLICITORS McKees Legal Solutions LEGAL REPRESENTATIVES: RESPONDENT Mr D Parry (Barrister)

SOLICITORS Mallesons Stephen Jaques

JUDGMENT:

IN THE LAND AND 10092 of 2001 ENVIRONMENT COURT McEwen AJ OF NEW SOUTH WALES 24 August 2001

SDA International Pty Limited Applicant v

Pittwater Council Respondent

JUDGMENT

Introduction

1. This appeal relates to a development application under State Environmental Planning Policy No 5 ("SEPP 5") Housing for Older People or People with a Disability for a development containing 16 dwellings at 63-65 Central Road, Avalon ("the site"). The new building is to comprise two residential levels above a basement car park.

2. The essentially rectangular site has a frontage of 40.8 m to Central Road a depth of 58.6 m and an area of 2364 m2. It has a fall of some 4 m to the rear. It adjoins Toongarie Reserve at the rear which provides pedestrian access way to the Avalon town centre. The reserve and the access way are subject to flooding (1:100 yrs).