Charles Yates Architects Pty Ltd v Pittwater Council [2007] NSWLEC 629

Land and Environment Court of New South Wales

CITATION : Charles Yates Architects Pty Ltd v Pittwater Council [2007] NSWLEC 629

Applicant: Charles Yates Architects Pty Ltd PARTIES : Respondent: Pittwater Council

FILE NUMBER(S) : 10105 of 2007

CORAM: Murrell C

KEY ISSUES: Development Application :- Construction of a double garage, view sharing, height.

Environmental Protection and Assessment Act 1979 LEGISLATION CITED: Pittwater Local Environment Plan Pittwater Development Control Plan No 21

CASES CITED: Zhang v Canterbury City Council; Tenacity v Warringah Council

DATES OF HEARING: 15/06/07

EX TEMPORE JUDGMENT DATE : 15 June 2007

Applicant: Mr Gary Green LEGAL REPRESENTATIVES: of Pike Pike and Fenwick Respondent: Ms Dixon of Mallesons Stephens Jaques

JUDGMENT: THE LAND AND ENVIRONMENT COURT OF NEW SOUTH WALES

Murrell C

15 June 2007

10105 of 2007 Charles Yates Architects Pty Ltd v Pittwater Council

JUDGMENT 1 This is an extempore judgment for an onsite hearing today. The appeal is under s97 of the Environmental Planning and Assessment Act 1979 against Pittwater Council's refusal of a development application for the property known as 209 Riverview Road, Avalon.

2 The proposed development is for the construction of a double garage which would also provide for a lift to be included to service the various levels of the dwelling house. The subject site is on the foreshores of Pittwater and the properties opposite are such that there are views obtained over this property because of the steeply sloping topography of the area.