Jenkins v Pittwater Council [2006] NSWLEC 403

Land and Environment Court of New South Wales

CITATION : Jenkins v Pittwater Council [2006] NSWLEC 403

APPLICANT John Jenkins PARTIES : RESPONDENT Pittwater Council

FILE NUMBER(S) : 10059 of 2006

CORAM: Hoffman C

KEY ISSUES: Subdivision :- Adverse impacts, bushfire mitigation, endangered species, landslip risk

Pittwater Local Environmental Plan 1993 LEGISLATION CITED: Roads Act Bushfire Act

DATES OF HEARING: 11/10/2006

EX TEMPORE JUDGMENT DATE : 10/11/2006

APPLICANT Mr J Johnson, barrister Instructed by: Mr D Thomas, solicitor SOLICITORS LEGAL REPRESENTATIVES: Hones Lawyers

RESPONDENT Ms D Townsend, solicitor SOLICITORS Mallesons Stephen Jaques

JUDGMENT: THE LAND AND ENVIRONMENT COURT OF NEW SOUTH WALES

Hoffman C

11 October 2006

10059 of 2006 John Jenkins v Pittwater Council

JUDGMENT

1 This is a class one appeal, No. 10059 of 2006, between John Jenkins and Pittwater Council in regard to the refusal of consent for the subdivision into four lots of Lot 58 DP 10375 and Lot B DP 354944, being Nos. 824 and 826 Barrenjoey Road, Palm Beach.

2 The hearing began on site on 17 August 2006 and evidence of objectors, Mrs Tonkin of 822 Barrenjoey Road and Mrs Fraser of 828, were heard on-site. They are the southern and northern neighbours respectively. Mrs Tonkin was concerned about privacy and noise from the proposed driveway and any subsequent house on proposed Lot 4. The driveway to serve Lot 4 came close to her boundary and would permit overlooking into her northern windows of kitchen and living room and her private deck area. Mrs Fraser was concerned about potential overlooking to her rear private terrace from a future house on proposed Lot 3.