Lang v Pittwater Council [2006] NSWLEC 474

Land and Environment Court of New South Wales

CITATION : Lang v Pittwater Council [2006] NSWLEC 474

APPLICANT Anthony Lang and Ursula Lang PARTIES : RESPONDENT Pittwater Council

FILE NUMBER(S) : 10195 of 2006

CORAM: Brown C

KEY ISSUES: Development Application :- subdivision - minimum lot size - loss of trees - character

Environmental Planning and Assessment Act 1979 LEGISLATION CITED: Threatened Species Conservation Act 1995 Pittwater Local Environmental Plan 2001 State Environmental Planning Policy No. 1

Winten Property Group Limited v North Sydney Council (2001) NSWLEC 46; CASES CITED: Hooker Corporation Pty Limited v Hornsby Shire Council (unreported, 2 June 1986) ; Parrott v Kiama [2004] NSWLEC 77

DATES OF HEARING: 27, 28/07/06

DATE OF JUDGMENT: 08/03/2006

APPLICANT Mr C Shaw, solicitor SOLICITORS Shaw Reynolds Lawyers

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

JUDGMENT: THE LAND AND ENVIRONMENT COURT OF NEW SOUTH WALES

Brown C

3 August 2006

10195 of 2006 Anthony Lang and Ursula Lang v Pittwater Council

JUDGMENT 1 COMMISSIONER: This is an appeal against the refusal by Pittwater Council (the council) of DA No N0171/04 for the subdivision of the property at 45 Riverview Rd, Avalon (the site) into two lots. The site and surrounding area 2 The site is Lot 4 in DP 17910 and has a frontage to Paradise Ave and Riverview Rd. It is generally rectangular in shape with a frontage to Paradise Ave of 15.775 metres, a frontage to Riverview Rd of 15.24 metres, a northern boundary of 81.46 metres and a southern boundary of 77.42 metres giving a total site area of 1210.7 square metres.