Tenacity Consulting Pty Ltd v Warringah Council [2005] NSWLEC 46

Land and Environment Court of New South Wales

Tenacity Consulting Pty Ltd v Warringah Council [2005] NSWLEC 46 CITATION : This decision has been amended. Please see the end of the judgment for a list of the amendments.

APPLICANT Tenacity Consulting Pty Ltd

PARTIES : RESPONDENT Warringah Council

FILE NUMBER(S) : 11212 of 2004

CORAM: Roseth SC - Murrell C

KEY ISSUES: Development Application :- Demolition of an existing building - erection of a mixed use building containing 14 apartments - impact on views - privacy

LEGISLATION CITED: Warringah Local Environmental Plan 2000

DATES OF HEARING: 31/01/2005 and 1/02/2005 EX TEMPORE JUDGMENT DATE : 02/01/2005

APPLICANT Mr A Galasso, barrister SOLICITORS Slatter and Associates LEGAL REPRESENTATIVES: RESPONDENT Mr D Wilson, barrister SOLICITORS Wilshire Webb

JUDGMENT: THE LAND AND ENVIRONMENT COURT OF NEW SOUTH WALES

Roseth SC Murrell C

1 February 2005

11212 of 2004 Tenacity Consulting Pty Ltd v Warringah Council

JUDGMENT 1 This is an appeal against a deemed refusal by Warringah Council of a development application to demolish the existing buildings and erect a mixed use building containing ground floor retail space and fourteen apartments over parking for thirty-six 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 at its intersection with Griffin Road and within a small strip of shops. The site area is 1214 sq m. It now accommodates three retail buildings. To the east of the site is a drive-in bottle shop, to the west is a more recent 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. The proposal and its history 3 The applicant proposes to demolish the existing buildings on the site and to erect a new building containing parking for thirty-six cars, a retail area of about 240 sq m and fourteen apartments.