NSW Caselaw
Land and Environment Court of New South Wales
CITATION : Deaton v Pittwater Council [2007] NSWLEC 876
APPLICANT Rik Deaton PARTIES : RESPONDENT Pittwater Council
FILE NUMBER(S) : 10913 of 2006, 10914 of 2006 and 10915 of 2006
CORAM: Bly C
KEY ISSUES: Development Application :- Three applications, demolition and subdivision two dwelling houses, views, height, bulk and scale, landscaping, heritage, privacy, character and streetscape.
Environmental Planning and Assessment Act 1979 State Environmental Planning Policy No 71 - Coastal Protection LEGISLATION CITED: Pittwater Local Environmental Plan 1993 Pittwater 21 Development Control Plan Pittwater Development Control Plan 15
DATES OF HEARING: 13/02/2007 and 14/02/2007
EX TEMPORE JUDGMENT DATE : 14 February 2007
APPLICANT Mr G. Green, solicitor of Pike Pike and Fenwick LEGAL REPRESENTATIVES:
RESPONDENT Ms G. Furness, barrister Instructed by Mallesons Stephen Jaques
JUDGMENT: THE LAND AND ENVIRONMENT COURT OF NEW SOUTH WALES
Bly C
14 February 2007
10913 of 2006 Rik Deaton v Pittwater Council 10914 of 2006 10915 of 2006
JUDGMENT 1 These three appeals involve the following three development applications: o 10914 of 2006 relates to Development Application No. 367/06 which is for the demolition of two existing detached dwelling houses at Nos 39 and 40 Ocean Road, Palm Beach and the re-subdivision of the two existing lots comprising Lot 2 DP 23856 and Lot 14 DP 592217 to create two new lots with a frontages to Ocean Road. The new lot comprising No 39 Ocean Road is to have an area of 962 square metres and the new lot comprising No 40 Ocean Road is to have an area of 912 square metres. o 10913 of 2006 relates to Development Application No 369/06 which is for the construction of a three level detached dwelling house above a basement car park at No 40 Ocean Road. o 10915 of 2006 relates to Development Application No. 368/06 which is for the construction of a three level detached dwelling house above a basement car park at No 39 Ocean Road.
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