NSW Caselaw
Land and Environment Court of New South Wales
CITATION : Hartog v Pittwater Council [2006] NSWLEC 643
APPLICANT Phillip Henry Richard Hartog PARTIES : RESPONDENT Pittwater Council
FILE NUMBER(S) : 10578 of 2006
CORAM: Hoffman C
KEY ISSUES: Appeal :- elevated plunge pool, acoustic impact, visual privacy, drainage, landscaping, site coverage.
LEGISLATION CITED: Environmental Planning and Assessment Act 1979 Pittwater Local Environmental Plan 1993
DATES OF HEARING: 3/10/2006
EX TEMPORE JUDGMENT DATE : 10/03/2006
APPLICANT Mr B. Hones, solicitor of Hones Lawyers LEGAL REPRESENTATIVES:
RESPONDENT Ms R. Dixon, solicitor of Mallesons Stephen Jaques
JUDGMENT: THE LAND AND ENVIRONMENT COURT OF NEW SOUTH WALES
Hoffman C
3 October 2006
10578 of 2006 Phillip Henry Richard Hartog v Pittwater Council
JUDGMENT 1 This is a Class 1 Appeal No. 10578 of 2006 between Phillip Henry Richard Hartog and Pittwater Council in regards to the refusal of consent for an elevated plunge pool located adjacent and existing elevated depth of a house at No. 16 Pacific Road, Palm Beach.
2 The pool is to be accessed from the existing elevated deck and it will be below the windows to the living room on the upper floor of the house.
3 To the north is No. 26 Pacific Road and it is an adjoining dwelling having pitched clear glass roofs facing towards the subject house. The clear glass roofs give direct vision into three bedrooms and two bathrooms and a laundry and was built some years before the subject house.
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