Romeo v Pittwater Council [2004] NSWLEC 297

Land and Environment Court of New South Wales

CITATION : Romeo v Pittwater Council [2004] NSWLEC 297 APPLICANT G & A M Romeo PARTIES : RESPONDENT Pittwater Council FILE NUMBER(S) : 11362 of 2003 CORAM: Hussey C KEY ISSUES: Development Application :- Parking - flooding - heritage impact - characterisation - public interests LEGISLATION CITED: Environmental Planning and Assessment Act Pittwater LEP 1993 CASES CITED: DATES OF HEARING: 29, 30 April and 03/05/2004; Date of Judgment 18/6/04 (Interim Finding) Orders 16/11/04 DATE OF JUDGMENT: 06/18/2004

APPLICANT Mr P Tomasetti, barrister SOLICITORS Carbone Anderson LEGAL REPRESENTATIVES: RESPONDENT Mr D Parry, barrister SOLICITORS Mallesons Stephen Jaques

JUDGMENT:

IN THE LAND AND ENVIRONMENT COURT OF NEW SOUTH WALES

11362 of 2003 Hussey C 18 June 2004 G & A M Romeo Applicant

v Pittwater Council Respondent Judgment

Background 1. This appeal is against council's refusal of a development application for alterations and additions, including the extension of the rear deck over the waterway at the "Church Point General Store".

2. The subject property is a listed heritage item, located at the northern – most point of Church Point, adjacent to the public ferry wharf. The General Store offers groceries, fruit and vegetables and food for on-site consumption and takeaway. It is within a relatively small commercial precinct, which contains, the "Pasadena" restaurant and associated commercial activities.