Project Venture Developments v Pittwater Council [2005] NSWLEC 191

Land and Environment Court of New South Wales

CITATION : Project Venture Developments v Pittwater Council [2005] NSWLEC 191

Applicant: Project Ventures Developments Pty Ltd PARTIES : Respondent: Pittwater Council

FILE NUMBER(S) : 11209 of 2004

CORAM: Roseth SC

KEY ISSUES: Development Application - Existing Use Rights :- Planning principle: compatiblity with context

DATES OF HEARING: 04/04/2005

DATE OF JUDGMENT: 04/22/2005

Applicant: Mr I Pickles, barrister LEGAL REPRESENTATIVES: Respondent: Mr G Newport, barrister

JUDGMENT: THE LAND AND ENVIRONMENT COURT OF NEW SOUTH WALES

Roseth SC 22 April 2005

11209 of 2004 Project Venture Developments Pty Ltd v Pittwater Council

JUDGMENT

The consequence of the Court's decision in this appeal is the grant of development consent subject to detailed conditions. The conditions are not reproduced as part of this decision but are available for inspection at the Council. A copy the Court's Orders and conditions may be obtained from the Court's registry on payment of a fee. For details of the fee payable and process for obtaining a copy of the Orders and conditions see the Court's web site at http://www.lawlink.nsw.gov.au/lec/

1 Senior Commissioner: This is an appeal against the refusal by Pittwater Council (the council) of a development application to demolish the existing buildings and erect a three-storey residential flat building on lot 55 DP 263210, known as 6 Foley Street, Mona Vale.

The site 2 The site is on the southern side of Foley Street, between Mona Vale Road and Vineyard Street. It is irregular, with a 70m frontage to Foley Street, and is now occupied by a car repair shop. On the opposite side of Foley Street is a RSL Club. The area to the south and east is detached housing. 3 The following properties share a boundary with the site: 2, 4, 6, 6A and 8 Brinawa Street, 76 and 78 Vineyard Street, and 4 Foley Street. These are one and two-storey houses, apart from 6 and 6A Brinawa Street, which is an attached dual occupancy.