Hawkins v Pittwater Council [2005] NSWLEC 734

Land and Environment Court of New South Wales

CITATION : Hawkins v Pittwater Council [2005] NSWLEC 734

APPLICANT David Charles Hawkins PARTIES : RESPONDENT Pittwater Council

FILE NUMBER(S) : 10774 of 2005

CORAM: Murrell C

KEY ISSUES: Development Application :- Dual occupancy

Environmental Planning and Assessment Act LEGISLATION CITED: Pittwater Local Environmental Plan 1993

DATES OF HEARING: 07/12/2005 EX TEMPORE JUDGMENT DATE : 12/07/2005

APPLICANT Mr D Hawkins, self represented

LEGAL REPRESENTATIVES: RESPONDENT Ms E Duenow, solicitor SOLICITORS Mallesons Stephen Jaques

JUDGMENT: THE LAND AND ENVIRONMENT COURT OF NEW SOUTH WALES

Murrell C

7 December 2005

10774 of 2005 David Charles Hawkins v Pittwater Council

JUDGMENT 1 This matter has come before me this morning as consent orders. 2 A s 97 appeal under the Environmental Planning and Assessment Act was lodged with the Court against the council's determination of a development application for an attached dual occupancy on the property known as No. 77 Bardo Road, Newport. 3 Following the appeal the applicant has amended the development application to have regard to many of council's concerns with the result that the applicant and the council now appear before the Court this morning with consent orders. 4 The development application has been assessed by the council officers and, to assist the Court in its understanding to ensure that all the issues raised by the council initially and all the matters referred to in the letters of objection have been addressed, they have provided oral evidence to the Court as well as their written assessment in the council's bundle of documents. 5 Mr Salvatera, council's civil engineer, gave evidence to the Court as did Ms Sarah Winnacott, council's town planning assessment officer, for the subject development application. 6 The development application is for the development of the land for a dual occupancy although no subdivision of the dual occupancy or separate title is allowed under council's relevant planning instrument. 7 The subject site is zoned Residential 'A' under the Pittwater Local Environmental Plan 1993. 8 The site has a rear access to Princes Lane which is the frontage for one of the dwellings and the main frontage is to Bardo Road which would provide the access to the front dwelling. 9 The property is 1180 sq m and to assist the Court an aerial photograph has been provided to understand in particular the drainage catchments and the resolution of the stormwater drainage for the subject property. 10 The objectors I am satisfied have been advised in accordance with the Court's practice direction of today's proceedings and none of the objectors availed themselves of the opportunity to be heard in Court. 11 Nonetheless, in my assessment of the application I have considered of their objections including the setback from Princes Lane and I am satisfied with the benefit of Ms Winnacott's evidence the setback is satisfactory. Furthermore, there is a condition requiring the setback for the fencing to Princes Lane. 12 The site coverage of the building, that is whether it is an overdevelopment of the site, the application has been amended such that there is a maximum site coverage to allow approximately 50 per cent of the site to be soft landscaped area in accordance with council's controls. 13 The other issues raised by objectors relate to the removal of the asbestos of the original dwelling and there are conditions I am satisfied which deal with the demolition and the removal of asbestos in an appropriate way.