Matthews v Pittwater Council [2009] NSWLEC 1115

Land and Environment Court of New South Wales

CITATION : Matthews v Pittwater Council [2009] NSWLEC 1115

APPLICANT Garth Matthews PARTIES : RESPONDENT Pittwater Council

FILE NUMBER(S) : 10838 of 2008

CORAM: Hussey C

KEY ISSUES: DEVELOPMENT APPLICATION :- Seniors Living Development, streetscape, side setbacks, impact on neighbours, parking.

Environmental Planning and Assessment Act 1979 State Environmental Planning Policy (Housing for Seniors or People with a Disability) 2004 LEGISLATION CITED: Pittwater Local Environmental Plan 1993 Pittwater 21 Development Control Plan Pittwater Development Control Plan 30 – Pittwater Flood Risk Management.

DATES OF HEARING: 28/11/2008 and 10/02/02009

DATE OF JUDGMENT: 24 April 2009

APPLICANT Mr G. Green, solicitor of Pikes Lawyers LEGAL REPRESENTATIVES:

RESPONDENT Ms S. Puckeridge, solicitor of Mallesons Stephen Jaques

JUDGMENT: THE LAND AND ENVIRONMENT COURT OF NEW SOUTH WALES

Hussey C

24 April 2009

10838 of 2008 Garth Mathews v Pittwater Council

JUDGMENT Background. 1 This appeal was lodged against council's refusal of a development application for the demolition of 2 existing dwellings and construction of a 6 unit, seniors living development at 15 and 17 Heath Street, Mona Vale.

2 The issues initially identified for the appeal are summarised as follows: o Unsatisfactory character, streetscape and design, with particular reference to site coverage and side setbacks. o Internal amenity in terms of accessible bedrooms, solar access and car parking. o Accessibility relative to access to public transport. o Flooding risk. o Amenity and privacy impacts on neighbours. 3 The determination of this application is subject to the provisions of the State Environmental Planning Policy (Housing for Seniors or People with a Disability) 2004 i.e. (SEPP). It aims to increase the supply and diversity of residences that meet the needs of seniors or people with a disability. These objectives are to be achieved by the setting aside of local planning controls that would prevent this type of development that complies with the specified controls. Notwithstanding this, reference can be made to the local controls to identify the desired future character of the area. The site 4 The site comprises Lot 42 in DP 211667 (No 15 Heath Street) and Lot 41 (No 17 Heath Street). It has a total area of 1906 sq m and is generally rectangular in shape, with a street frontage of 31.26m.