Provincial Planning Pty Ltd v Pittwater Council [2004] NSWLEC 562

Land and Environment Court of New South Wales

CITATION : Provincial Planning Pty Ltd v Pittwater Council [2004] NSWLEC 562 APPLICANT Provincial Planning Pty Ltd PARTIES : RESPONDENT Pittwater Council FILE NUMBER(S) : 10317 of 2004 CORAM: Hussey C KEY ISSUES: Development Application :- Mixed commercial/shop top development - density - height - streetscape - drainage - public interest LEGISLATION CITED: Pittwater Local Environmental Plan 1993 CASES CITED: DATES OF HEARING: 20-21/09/2004 DATE OF JUDGMENT: 10/15/2004

APPLICANT Mr J Cole, solicitor SOLICITORS Abbott Tout LEGAL REPRESENTATIVES: RESPONDENT Mr A Pickles, barrister SOLICITORS Mallesons Stephen Jaques

JUDGMENT:

THE LAND AND ENVIRONMENT COURT OF NEW SOUTH WALES

Hussey C

15 October 2004

10317 of 2004 Provincial Planning Pty Ltd v Pittwater Council

JUDGMENT

Background 1 This appeal arises from the refusal of a development application for a mixed commercial/shop top housing development at 1442 - 1444 Pittwater Road, Narrabeen. 2 Insofar as several issues were initially identified, subsequent conferencing between the experts has resulted in a number of amendments to the proposal, thereby reducing the issues. For the appeal the outstanding issues concern: · The bulk and scale of the proposal with particular reference to the streetscape impacts of the corner element at Pittwater Road/Walsh Street; · Drainage; · Public interest, including objectors' concerns about the building height and character and amenity impacts on neighbouring properties.