Lazich v Pittwater Council [2006] NSWLEC 277

Land and Environment Court of New South Wales

CITATION : Lazich v Pittwater Council [2006] NSWLEC 277

APPLICANT Alec Lazich PARTIES : RESPONDENT Pittwater Council

FILE NUMBER(S) : 11292 of 2005

CORAM: Bly C

KEY ISSUES: Development Application :- Demolition of house and construction of a 3 storey dwelling, landcaping, privacy, view loss and building bulk

LEGISLATION CITED: Pittwater Local Environmental Plan 1993 Pittwater Development Control Plan No. 21,

DATES OF HEARING: 15/05/2006

EX TEMPORE JUDGMENT DATE : 05/15/2006

APPLICANT Mr C Gough, solicitor SOLICITORS LEGAL REPRESENTATIVES: Storey & Gough

RESPONDENT Ms S Pritchard, barrister

JUDGMENT: THE LAND AND ENVIRONMENT COURT OF NEW SOUTH WALES

Bly C

15 May 2006

11292 of 2005 Alec Lazich v Pittwater Council

JUDGMENT

1 This appeal relates to Development Application No. 465/04, which involves the demolition of an existing dwelling house and the construction of a 3-storey dwelling at 184 Barrenjoey Road, Newport.

2 The site comprises Lot 2, DP 656486 and is situated on the eastern side of Barrenjoey Road. It has an area of approximately 2061 sq m, with a street frontage of approximately 17 m. The site's topography is consistent with those sites immediately adjoining it where the slope of land is in excess 30 per cent.

3 According to the Statement of Basic Facts the property is located in the suburb Bungan Beach, which is predominantly a residential area having a range of lot sizes, with dwellings having heights between 1 and 3 storeys. Development on the immediately adjoining properties consists of single dwellings which step down their sites. More generally, on steeply sloping sites in the locality, houses step down the slope or are cut into the landform. When viewed from afar, coastal vegetation over and around dwellings is evident, however some houses are conspicuous as a result of a lack of screen planting and external finishes, which do not blend with the coastal landscape.