Land and Environment Court of New South Wales CITATION : Meers v Pittwater C [2006] NSWLEC 493 APPLICANT Nelson Meers PARTIES : RESPONDENT Pittwater Council FILE NUMBER(S) : 11435 of 2005 CORAM: Tuor C KEY ISSUES: Development Application :- Consent Orders for a tennis court. LEGISLATION CITED: Environmental Planning and Assessment Act 1979 DATES OF HEARING: 30/05/2006 EX TEMPORE JUDGMENT DATE : 05/30/2006 APPLICANT Mr S Kondilios, solicitor of Maddocks Lawyers LEGAL REPRESENTATIVES: RESPONDENT Mr M Jaku, solicitor of Mallesons Stephen Jaques JUDGMENT: THE LAND AND ENVIRONMENT COURT OF NEW SOUTH WALES Tuor C 30 May 2006 11435 of 2005 Nelson Meers v Pittwater Council JUDGMENT 1 This is an appeal against a refusal by Pittwater Council (the council) of a development application for a tennis court at 8 Narla Road, Bayview (the site). The parties are seeking consent orders from the Court. 2 The issues, as set out in the amended Statement of Issues, have been resolved by an amendment to the original application. The amended plans move the location of the tennis courts closer to the house thereby retaining more trees and landscaping with less change to the topography of the site. 3 The Court-appointed expert, Dr Robertson, has reviewed the amended proposal and considers its impacts to be acceptable. The proposal does not comply with the numerical requirements for site cover in Pittwater Development Control Plan 21(DCP 21). However, council and the Court-appointed expert are satisfied that the proposal meets the objectives of this control. 4 On this basis I am satisfied that the issues between the parties have been resolved and that the consent orders sought by the parties can be issued. 5 The Orders of the Court by consent are: 1. The appeal is upheld. 2. The development application (479/05) for a tennis court at 8 Narla Road, Bayview, is approved subject to the conditions in Annexure A 3. The exhibits may be returned, except for Exhibits 2, A and B. ________________________ Annelise Tuor Commissioner of the Court ljr DISCLAIMER - Every effort has been made to comply with suppression orders or statutory provisions prohibiting publication that may apply to this judgment or decision. The onus remains on any person using material in the judgment or decision to ensure that the intended use of that material does not breach any such order or provision. Further enquiries may be directed to the Registry of the Court or Tribunal in which it was generated.