Weston K & V v Pittwater Council [2004] NSWLEC 540

Land and Environment Court of New South Wales

CITATION : Weston K & V v Pittwater Council [2004] NSWLEC 540 APPLICATION K & V Weston PARTIES : RESPONDENT Pittwater Council

FILE NUMBER(S) : 10414 of 2004 CORAM: Bly C KEY ISSUES: Development Application :- the subdivision of three existing lots into four lots - streetscape - character - bulk and scale - landscape Environmental Planning and Assessment Act 1979 LEGISLATION CITED: Pittwater Local Environmental Plan 1993 Draft Pittwater 21 Local Environmental Plan 1993 CASES CITED: DATES OF HEARING: 09/09/2004 EX TEMPORE 09/09/2004 JUDGMENT DATE :

APPLICANT Mr R. Creighton, agent for the applicant

RESPONDENT LEGAL REPRESENTATIVES: Ms H Irish, barrister SOLICITOR Mallesons Stephen Jaques

JUDGMENT: THE LAND AND ENVIRONMENT COURT OF NEW SOUTH WALES

Bly C

9 September 2004

10414 of 2004 Weston K & V –v- Pittwater Council

JUDGMENT 1 This appeal relates to a development application No. 123/04 which is for the subdivision of the three existing lots at 57 and 59 Herbert Street and 95C Cheryl Crescent, Newport, into four lots. The three existing lots are occupied with detached dwelling houses and the new lot referred to as No. 61 will facilitate the erection of a fourth dwelling house. An indicative house concept plan has been provided for this lot.

2 The calculated resulting lot sizes are as follows: No. 61, 718 sq m, No. 57, 700 sq m, No. 59, 954 sq m, No. 95C, 1012 sq m. 3 The site is very steep and access, both pedestrian and vehicular, to the dwellings at Nos. 57 and 59 is via an existing steep "zig zag" driveway from Herbert Street, which for the most part coincides with an existing right of carriageway. The driveway will provide access to the newly created lot. Access to 95C is off Cheryl Crescent.