T & E Cimino Holdings Pty Limited v Pittwater Council [2004] NSWLEC 634

Land and Environment Court of New South Wales

CITATION : T & E Cimino Holdings Pty Limited v Pittwater Council [2004] NSWLEC 634 APPLICANT T & E Cimino Holdings Pty Limited PARTIES : RESPONDENT Pittwater Council FILE NUMBER(S) : 10026 of 2004 CORAM: Cowdroy J KEY ISSUES: Appeal :- from decision to refuse development for non-compliance with development control plan - density - solar access. Development Control Plan No 21 LEGISLATION CITED: Development Control Plan No R4 Shop Top Housing Environmental Planning and Assessment Act 1979, s 79C Pittwater Local Environmental Plan 1993, cl 21M, cl 21O(2) CASES CITED: Zhang v Canterbury City Council (2001) 115 LGERA 373 DATES OF HEARING: 19/10/2004; 20/10/2004 DATE OF JUDGMENT: 11/15/2004

APPLICANT Mr T. Howard (Barrister)

SOLICITORS Wood Marshall Williams LEGAL REPRESENTATIVES: RESPONDENT Mr A. Pickles (Barrister)

SOLICITORS Mallesons Stephen Jaques

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

Cowdroy J

15 November 2004

10026 of 2004 T & E CIMINO HOLDINGS PTY LIMITED v PITTWATER COUNCIL

Judgment

Introduction 1 This appeal relates to a development application involving the almost entire demolition of an existing building and the construction of a building comprising a three-storey shop-top housing development in the Newport commercial centre ("the centre"). At the ground level, fronting Barrenjoey Road, the proposal comprises a shop and a driveway providing access to a car park at the rear of the site. Each of the two upper levels is to contain two dwellings with lift access.