Warringah Properties Pty Ltd v Warringah Council [2004] NSWLEC 393

Land and Environment Court of New South Wales

CITATION : Warringah Properties Pty Ltd v Warringah Council [2004] NSWLEC 393 APPLICANT Warringah Properties Pty Ltd PARTIES : RESPONDENT Warringah Council FILE NUMBER(S) : 10137 of 2004 CORAM: Hoffman C KEY ISSUES: Development Application :- Erection of 12 dwellings for aged and/or disabled with strata subdivision - future character of precinct - access to community facilities and services - privacy - shadows - bulk - scale - views LEGISLATION CITED: Warringah Local Environmental Plan 2000 Environmental Planning and Assessment Act 1979 CASES CITED: Mete and Warringah, Talbot J [2004] NSWLEC 273 DATES OF HEARING: 28/06/2004 DATE OF JUDGMENT: 06/30/2004

APPLICANT Mr J Doyle, solicitor

LEGAL REPRESENTATIVES: RESPONDENT Mr J Johnson, barrister SOLICITORS P J Donellan & Company

JUDGMENT: THE LAND AND ENVIRONMENT COURT OF NEW SOUTH WALES

Hoffman C

30 June 2004

10137 of 2004 Warringah Properties Pty Ltd v Warringah Council

JUDGMENT 1 This was a class one appeal 10137 of 2004 between Warringah Properties Pty Limited and Warringah Council in regard to a deemed refusal of an application lodged on 6 June 2003 for twelve dwellings with strata subdivision under cl 29 of Warringah Local Environmental Plan 2000.

2 The site was three existing lots fronting two roads, they were No. 603 Pittwater Road and No. 2a and 4 Moorilla Street, Dee Why. Numbers 2a and 4 were battleaxe lots with their access drives one each side of No. 2, which was an existing two storey house. The second storey of No. 2 was being built at the time of the hearing. The main parts of the allotments of No.s 2a and 4 were north of No. 2 on the top of a knoll. The three existing houses on the subject site were to be demolished.