Provincial Planning Pty Ltd v Warringah Council [2004] NSWLEC 249

Land and Environment Court of New South Wales

CITATION : Provincial Planning Pty Ltd v Warringah Council [2004] NSWLEC 249 APPLICANT Provincial Planning Pty Ltd PARTIES : RESPONDENT Warringah Council FILE NUMBER(S) : 11141 of 2003 CORAM: Tuor C. Development Application :- construction of dwelling houses KEY ISSUES: Exemption to density standard - whether development relates favourably to existing pattern scale and landscape character Consideration of desired future character described in Locality Statement LEGISLATION CITED: Warringah Local Environmental Plan 2000 CASES CITED: DATES OF HEARING: 06/04/2004, 07/04/2004 and 14/05/2004 EX TEMPORE 05/14/2004 JUDGMENT DATE :

APPLICANT Mr P McEwen SC

Solicitors Peter Prior and Co LEGAL REPRESENTATIVES: RESPONDENT Mr P Clay, Barrister

Solicitors Wilshire Webb

JUDGMENT: IN THE LAND AND ENVIRONMENT COURT OF NEW SOUTH WALES 11141 of 2003

Tuor C

14 May 2004 PROVINCIAL PLANNING PTY LTD Applicant v WARRINGAH COUNCIL Respondent

Judgment

Introduction 1 This an appeal against the refusal by Warringah Council (the council) of a development application for the demolition of three existing houses and the construction of sixteen houses and basement car parking at 78-80 Forest Way and 82-84 Prince Charles Street, Frenchs Forest.