Formston v Pittwater Council [2004] NSWLEC 50

Land and Environment Court of New South Wales

CITATION : Formston v Pittwater Council [2004] NSWLEC 50 APPLICANTS Katie Formston, Helen Kaminski, John MacRae and Pat MacRae PARTIES : RESPONDENT Pittwater Council

FILE NUMBER(S) : 10319 of 2004 CORAM: Nott C KEY ISSUES: Development Application :- Subdivision of steep land into four lots - size of lots - subject to slip - means of vehicular access - pedestrian access via an inclinator - removal of trees - visual impact - bushfire threat - threatened species LEGISLATION CITED: Environmental Planning and Assessment Act 1979, s 97 CASES CITED: DATES OF HEARING: 3-7 November 2003 DATE OF JUDGMENT: 02/23/2004

APPLICANTS Mr C J Leggat, barrister SOLICITORS Wilshire Webb

LEGAL REPRESENTATIVES: RESONDENT Ms H P Irish, barrister SOLICITORS Malleson Stephen Jaques

JUDGMENT:

IN THE LAND AND ENVIRONMENT COURT OF NEW SOUTH WALES 10319 of 2003 Nott C 23 February 2004

Katie Formston, Helen Kaminski, John MacRae and Pat MacRae Applicants v Pittwater Council Respondent

Reasons for Judgment

Overview

1 . In this appeal, the applicants seek consent for an amended development application comprising: (1) a four-lot subdivision of a steep parcel of land presently containing three lots at Nos 29, 31 and 33 Bakers Road, Church Point; (2) the erection of a house on new lot 4 (to be known as No 29A); (3) the provision of three double garages and a visitor carparking space in what might be called a carparking court towards the lower level of the subject land; and (4) the construction of a long inclinator (with its waiting stations or platforms) and a stairway , to give pedestrian access from the carparking court to three of the proposed lots on the higher part of the subject land. 2 . An earlier version of the development application had been recommended for refusal by a council town planner and by the council's development unit. The council's environment and planning committee resolved to refuse the application on 1 September 2003.