NSW Caselaw
Land and Environment Court of New South Wales
CITATION : Stolk v Pittwater Council [2007] NSWLEC 561
APPLICANT Adrian Stolk PARTIES : RESPONDENT Pittwater Council
FILE NUMBER(S) : 11128 of 2006
CORAM: Tuor C
Development Application :- Subdivision and multi-unit housing KEY ISSUES: SEPP 1 objection to allotment size standard adequacy of car parking provided on site
Environmental Planning and Assessment Act 1979 LEGISLATION CITED: Pittwater Local Environmental Plan 1993 State Environmental Planning Policy No 1 - Development Standards
CASES CITED: Winton Property Group Limited v North Sydney Council (2001) NSWLEC 46
DATES OF HEARING: 3 July 2007
EX TEMPORE JUDGMENT DATE : 6 July 2007
APPLICANT Mr Neil Howie, solicitor of Wilshire Webb Staunton Beattie
LEGAL REPRESENTATIVES: RESPONDENT Mr M. Staunton, barrister Instructed by: K. Arthur of Mallesons Stephen Jaques
JUDGMENT: THE LAND AND ENVIRONMENT COURT OF NEW SOUTH WALES
Tuor C
6 July 2007
11128 of 2006 Adrian Stolk v Pittwater Council
JUDGMENT 1 This is an appeal against the refusal by Pittwater Council (the council) of a development application (No 365/05) to construct a multi-unit housing development containing five dwellings and basement parking for sixteen cars at 18 and 18A Barrenjoey Road, Mona Vale being Lot 1 and Lot 2 DP 773098 (the site). The application also involves subdivision of the two existing lots into two new lots. 2 The site, its context, the history of the application and the planning controls are in the Statement of Basic Facts.
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