Wiggins v Pittwater Council [2006] NSWLEC 286

Land and Environment Court of New South Wales

CITATION : Wiggins v Pittwater Council [2006] NSWLEC 286

APPLICANT James Joseph Kenneth Wiggins PARTIES : RESPONDENT Pittwater Council

FILE NUMBER(S) : 11476 of 2005

CORAM: Bly C

KEY ISSUES: Development Application :- Subdivision, driveway gradient

LEGISLATION CITED: Pittwater Local Environmental Plan 1993 Pittwater 21 Development Control Plan

DATE OF JUDGMENT: 04/11/2006

APPLICANT Mr R Creighton, agent

LEGAL REPRESENTATIVES: RESPONDENT Mr M Causer, solicitor SOLICITORS Mallesons Stephen Jaques

JUDGMENT: THE LAND AND ENVIRONMENT COURT OF NEW SOUTH WALES

Bly C

11 April 2006

11476 of 2005 James Joseph Kenneth Wiggins v Pittwater Council

JUDGMENT This decision was given extemporaneously and has been revised and edited prior to publication 1 This appeal relates to Development Application No. 214/05 which is effectively for the re-subdivision of two lots into three lots at Nos. 91 and 93 Powderworks Road, North Narrabeen. Number 93 is a large hatchet shaped property with an area of 1,542 sq m. Number 91 is a long narrow rectangular frontage lot with an area of 1,268 sq m. 2 The existing access corridor is 5 m wide and about 37 m long and is developed with a concrete driveway having gradients up to 30.8% and a set of dilapidated steps with some vegetation. The combined site has a fall of about 29 m from the street to its rear boundary. 3 The site is included in the Residential 2(a) Zone under Pittwater Local Environmental Plan 1993 and the proposed development is permissible with development consent. Also applicable to the site is Pittwater 21 Development Control Plan ("the DCP"). 4 The application was notified to surrounding residents and four objections were received. Those residents gave evidence at the hearing: Mr R Clements, Mr M Simpson, Mrs K Skelly, and Mr T Mackay, expressing concerns including: the steepness of the driveway and associated safety concerns including the possibility of out-of-control cars crashing and leaving the site; the difficulty of access for construction vehicles; the inadequacy of existing and proposed stormwater drainage arrangements; the loss of a number of existing mature trees; and the future dwelling house on the new lot would have overlooking implications.