Jonah Pty Ltd v Pittwater Council [2004] NSWLEC 203

Land and Environment Court of New South Wales

CITATION : Jonah Pty Ltd v Pittwater Council [2004] NSWLEC 203 APPLICANT Jonah Pty Ltd

PARTIES : RESPONDENT Pittwater Council

FILE NUMBER(S) : 10062 of 2004 CORAM: Bly C KEY ISSUES: Development Application :- LEGISLATION CITED: CASES CITED: DATES OF HEARING: 04/03/2004-05/03/2004, 08/03/2004 DATE OF JUDGMENT: 03/08/2004

APPLICANT Mr P McEwen, SC SOLICITOR BTS Lawyers

LEGAL REPRESENTATIVES: RESPONDENT Mr D Parry, barrister SOLICITOR Mallesons Stephen Jaques

JUDGMENT: 1

IN THE LAND AND ENVIRONMENT COURT OF NEW SOUTH WALES

10062 of 2004 C Bly 8 March 2004 Jonah Pty Ltd Applicant

v Pittwater Council Respondent Judgment

1. This appeal involves Pittwater council's refusal of Development Application No 187/98 for alterations to Jonah's Restaurant/Motel at 69 Bynya Road, Palm Beach. The application which is to amend the existing consent and the appeal were lodged pursuant to s 96 of the Environmental Planning and Assessment Act 1979 ("the Act"). 2. In its initial form the application was to increase the area of the approved terrace by the removal of planter boxes and the relocation of a glass block acoustic wall and the provision of glass balustrades. The application has now been amended with some planter boxes being replaced with pebbled areas and others being removed, and the approved glass block acoustic wall on the terrace being retained but changed to translucent glass and extended in length. These changes have been detailed in Exhibit G.