Bushland Developments Pty Ltd v Warringah Council [2006] NSWLEC 774

Land and Environment Court of New South Wales

CITATION : Bushland Developments Pty Ltd v Warringah Council [2006] NSWLEC 774

APPLICANT Bushland Developments Pty Ltd PARTIES : RESPONDENT Warringah Council

FILE NUMBER(S) : 10537 of 2006

CORAM: Murrell C

KEY ISSUES: Development Application :- Conversion of a storage area to unit, internal amenity, private open space, subterranean space.

LEGISLATION CITED: Environmental Planning and Assessment Act Warringah Local Environmental Plan 2000

CASES CITED: Goldin & Anor v Minister for Transport Administering the Ports Corporatisation and Waterways Management Act 1995 [2002] NSWLEC 75

DATES OF HEARING: 06/12/2006

EX TEMPORE JUDGMENT DATE : 12/06/2006

APPLICANT Mr D Thomas, solicitor SOLICITORS Hones Lawyers LEGAL REPRESENTATIVES: RESPONDENT Mr N Howie, solicitor SOLICITORS Wilshire Webb

JUDGMENT: THE LAND AND ENVIRONMENT COURT OF NEW SOUTH WALES

Murrell C

6 December 2006

10537 of 2006 Bushland Developments Pty Ltd v Warringah Council

JUDGMENT This determination was given extemporaneously and it has been edited prior to publication 1 This is an extempore judgment for an appeal under s 97 of the Environmental Planning and Assessment Act against Warringah Council's refusal of a development application for the conversion of what is in existing storage area at the property known as 3 Evans Road, Harbord. The existing building on the subject site is a residential flat building which contains some 18 units and was built in the mid to late 1960's. The development is one that provides for 18 units and a communal open space area in terms of the curtilage (or the leftover areas from where the building does not occupy the land to the boundary) such that there is limited communal open space on the subject property. It provides for car parking for all of the residential units by way of hardstand or garaging. It provides for service areas in terms of communal clothes line and communal laundry area where individual washing machines are to the 18 units. It is an older style red textured brick building that sits on the corner of Evans Road and it is surrounded by generally residential dwelling houses although there are other residential flat buildings within the vicinity of the subject site.