Vigor Master Pty Ltd v Warringah Council [2004] NSWLEC 162

Land and Environment Court of New South Wales

CITATION : Vigor Master Pty Ltd v Warringah Council [2004] NSWLEC 162 APPLICANT Vigor Master Pty Ltd PARTIES : RESPONDENT Warringah Council FILE NUMBER(S) : 11177 of 2003 CORAM: Hoffman C KEY ISSUES: Development Application :- Threatened species - need for a species Impact Statement - access - desired future character for B2 Oxford Falls Valley Locality - bushfire protection - visual impact LEGISLATION CITED: Environmental Planning & Assessment Act 1979 Warringah Local Environmental Plan 2000 CASES CITED: DATES OF HEARING: 24-27/02/2004 and 04/03/2004 DATE OF JUDGMENT: 06/21/2004

APPLICANT Mr T F Robertson, barrister SOLICITORS Woolf Associates

LEGAL REPRESENTATIVES: RESPONDENT Mr P W Larkin, barrister SOLICITORS Wilshire Webb

JUDGMENT:

IN THE LAND AND ENVIRONMENT COURT OF NEW SOUTH WALES

11177 of 2003 Hoffman C 21 June 2004 Vigor Master Pty Ltd Applicant

v Warringah Council Respondent Judgment

Introduction.

1 . This was a Class 1 Appeal No. 11177 of 2003 between Vigor Master Proprietary Ltd and Warringah Council in regard to the deemed refusal of consent for a dwelling on a lot in an "existing parcel" of some 17 ha in the Locality B2 Oxford Falls Valley of Warringah Local Environmental Plan 2000 (LEP). The site, surroundings and ownerships

2. The house was proposed on a 2.72 ha lot called Portion 1092 and is part of the "existing parcel" under the statute. An existing parcel allowed only one house per 20 ha on the combined Portions 1086, 1088, 1089, 1090, 1091 and 1093. They formed a parcel in the same ownership at 8 March 1974. They are situated partly on the eastern ridge above Oxford Falls and on bushland sloping down westwards into the valley between a Crown road reservation off Brooker Avenue, and Oxford Falls Road. The applicant acts for the owners of Portions 1091 and 1092. Portion 1091 has 3 tenants in common, Portion 1092 has 6 tenants in common.