Tenacity Consulting v Waringah [2004] NSWLEC 140

Land and Environment Court of New South Wales

CITATION : Tenacity Consulting v Waringah [2004] NSWLEC 140 Tenacity Consulting Pty Ltd Applicant PARTIES : Warringah Council Respondent FILE NUMBER(S) : 10996 of 2003 CORAM: Roseth SC KEY ISSUES: Development Application - Development Standards :- Mixed use development Principles of view sharing LEGISLATION CITED: CASES CITED: DATES OF HEARING: 29/03/2004-31/03/2004 DATE OF JUDGMENT: 04/07/2004

Mr A Galasso, barrister instructed by Mr T Sattler of Landerer & Co LEGAL REPRESENTATIVES: Mr D Wilson, barrister instructed by Mr S Patterson of Wilshire Webb

JUDGMENT: - 9 - IN THE LAND AND ENVIRONMENT COURT OF NEW SOUTH WALES 10996 of 2003

Roseth SC

7 April 2004 Tenacity Consulting Pty Ltd Applicant

v

Warringah Council Respondent Judgment

Introduction 1 This is an appeal against the refusal by Warringah Council (the council) of a development application to demolish the existing building and erect a mixed use building containing ground floor commercial space and 18 apartments over two levels of basement parking for 41 cars on lots 6, 7 and 8 DP 879859, known as 64-68 Pitt Road, North Curl Curl.

The site 2 The site is on the north side of Pitt Road, near its intersection with Griffin Road and within a small strip of shops. The site area is 1,214m2. It now accommodates three retail buildings. 3 To the east of the site is a drive-in bottle shop. To the west is a new three-storey commercial-residential development at 70-72 Pitt Road. To the north are three residential properties: 32 Griffin Road, 7 Bellevue Place and 8 Bellevue Place. Opposite the site is a tennis centre. The wider area around contains detached houses of one or two storeys.