One Livingstone Developments Pty Ltd v Pittwater Council [2003] NSWLEC 302

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CITATION : One Livingstone Developments Pty Ltd v Pittwater Council [2003] NSWLEC 302 APPLICANT; One Livingstone Developments Pty Ltd PARTIES : RESPONDENT: Pittwater Council FILE NUMBER(S) : 10217 of 2003 CORAM: Murrell C Development Application :- Erection of a 3-storey residential development and underground parking KEY ISSUES: Impacts on adjoining properties Non compliance with DCP provisions LEGISLATION CITED: Environmental Planning and Assessment Act 1979 Pittwater Local Environmental Plan CASES CITED: DATES OF HEARING: 14, 15 September 2003 EX TEMPORE JUDGMENT DATE : 09/16/2003

APPLICANT: Mr D Wilson, barrister SOLICITOR: Roper & Steggall

LEGAL REPRESENTATIVES: RESPONDENT: Ms H Irish, barrister SOLICITOR; Mallesons Stephen Jaques

JUDGMENT: Appeal No: 10217 of 2003

In the Land and Heard by: Commissioner J S Murrell Environment Court Decision date: 16 September 2003 of New South Wales

One Livingstone Developments Pty Ltd v Pittwater Council

Judgment

Introduction 1 This is an appeal under section 97 of the Environmental Planning and Assessment Act against Pittwater Council's refusal of a development application for the property known as No. 1 Livingstone Place, Newport. The proposal is for the erection of a residential flat building containing 6 units with two units per floor, containing 3 x 2 bedroom and 3 x 3 bedroom units with semi-basement parking. Issues 2 The subject development application was one that was determined by the council by virtue of a refusal and the applicant subsequently appealed to the Court and a statement of issues was provided identifying the issues, and they are largely those as found in the council's letter of determination. The first issue relates to the minimum allotment size and whether the proposed development should be approved as it does not comply with the 25 m minimum frontage and the lot size is less than 1300 m2.