Watson v Pittwater C [2005] NSWLEC 244

Land and Environment Court of New South Wales

CITATION : Watson v Pittwater C [2005] NSWLEC 244

APPLICANT Brian David Watson PARTIES : RESPONDENT Pittwater Council

FILE NUMBER(S) : 11519 of 2004

CORAM: Murrell C

Subdivision :- impact on environment - impact on streetscape - vegetation management plan - dwelling house envelopes - overshadowing -privacy impacts on neighbours - geotechical issues - costs. KEY ISSUES:

LEGISLATION CITED: Land and Environment Court Act 1979

DATES OF HEARING: 21/04/2005 , 29/04/2005 and 24/08/2005 EX TEMPORE JUDGMENT DATE : 08/24/2005

APPLICANT Mr B. Hones, solicitor of Hones Lawyers

LEGAL REPRESENTATIVES: RESPONDENT Ms H. Irish, barrister instructed by Mr A. Stafford and Ms E. Deunow, solicitor of Malleson Stephen Jaques

JUDGMENT: THE LAND AND ENVIRONMENT COURT OF NEW SOUTH WALES

Murrell C

29 April 2005

11519 of 2004 Brian David Watson v Pittwater Council

JUDGMENT on costs for amended plans 1 This is a part-heard matter and the purpose of resuming today was to hear final submissions. However, the applicant now seeks to tender a vegetation management report/plan and this has implications for the subdivision and the landscape plan.

2 I note Ms Irish's comments that in Mr Wotherspoon's initial oral advice (the Court appointed expert in ecology) he flagged the need for such a plan, and this point was clearly made on the view as well. By not providing the vegetation management report until now the difficulty created is that the respondent should be given the opportunity to consider the new report and any amended plans. Clearly if this was provided earlier than today then it would have also been considered by the experts.