Pratt v Kiama Municipal Council [2005] NSWLEC 562

Land and Environment Court of New South Wales

CITATION : Pratt v Kiama Municipal Council [2005] NSWLEC 562

APPLICANT Ian Donald Pratt

PARTIES : RESPONDENT Kiama Municipal Council

FILE NUMBER(S) : 11585 of 2004

CORAM: Murrell C

Development Application :- s 97 appeal - dwelling house KEY ISSUES:

Environmental Planning and Assessment Act 1979 Kiama Local Environmental Plan 1996 LEGISLATION CITED: Coastal Policy of 1997 State Environmental Planning Policy No. 71

DATES OF HEARING: 11/08/2005 and 12/08/2005

DATE OF JUDGMENT: 09/03/2005

APPLICANT Mr R McKinnon, solicitor Of: R M McKinnon & Co.

LEGAL REPRESENTATIVES: RESPONDENT Mr P Moggach, solicitor SOLICITORS Kearns & Garside

JUDGMENT: THE LAND AND ENVIRONMENT COURT OF NEW SOUTH WALES

Murrell C

5 September 2005

11585 of 2004 Ian Donald Pratt v Kiama Municipal Council

JUDGMENT 1 This is an extempore judgment for an appeal under s 97 of the Environmental Planning and Assessment Act against Kiama Municipal Council's refusal of a development application for a dwelling house on the property known as No. 2a Pheasant Point Drive, Kiama.

2 By way of background it is noted that the subject lot is the result of a sub-division in 1993 whereby the Court approved of the sub-division of the property known as No. 2 Pheasant Point Drive, Kiama. At that time the Court considered the sub-division application a number of restrictions were placed on future development of the subject site. This was by way of a building footprint and a maximum height level for the subject dwelling and in that regard the judgment contains the relevant conditions of approval and the proposed development complies with same. I also take the point of the respondent Council that the planning regime is somewhat more sophisticated today in terms of an assessment or rather in terms of the planning framework/statutory regime under which I must consider the development application for the dwelling house.