Equity Group Investments Pty Ltd v Pittwater Counncil [2004] NSWLEC 339

Land and Environment Court of New South Wales

CITATION : Equity Group Investments Pty Ltd v Pittwater Counncil [2004] NSWLEC 339 APPLICANT Equity Group Investments Pty Ltd PARTIES : RESPONDENT Pittwater Council . FILE NUMBER(S) : 11361 of 2003 CORAM: Moore C Development Application :- Cumulative effect of multiple SEPP 5 developments KEY ISSUES: Streetscape Neighbour amenity Limitation of development of neighbouring site . Environmental Planning and Assessment Act 1979, s 5(a)(ii) LEGISLATION CITED: State Environmental Planning Policy No. 5, cl 25(a) . CASES CITED: Emmett v Ku-ring-gai Council 3 LGRA 177; . DATES OF HEARING: 18 May 2004 EX TEMPORE 05/18/2004 JUDGMENT DATE :

APPLICANT Mr A Galasso, barrister INSTRUCTED BY Hones Lawyers LEGAL REPRESENTATIVES: RESPONDENT Ms J Jagot, barrister INSTRUCTED BY Mallesons Stephen Jaques

JUDGMENT: THE LAND AND ENVIRONMENT COURT OF NEW SOUTH WALES

Moore C

18 May 2004

11361 of 2003 Equity Group Investments Pty Limited v Pittwater Council

JUDGMENT 1 COMMISSIONER: This is an appeal pursuant to s 97 of the Environment Planning and Assessment Act 1979 (the Act), which commenced as an appeal against a deemed refusal to grant a development application pursuant to State Environmental Planning Policy 5 (SEPP 5) for the erection of 10 units for housing for those over the age of 55 or people with a disability at 85 and 87 Avalon Parade, Avalon (the site), being lots 70 and 71 in DP9151. The application was subsequently refused by Pittwater Council (the council) on 1 March 2004. The council asks me to dismiss the appeal essentially on two fundamental bases.