Sky Design and Concepts Pty Ltd v Pittwater Council [2007] NSWLEC 628

Land and Environment Court of New South Wales

CITATION : Sky Design and Concepts Pty Ltd v Pittwater Council [2007] NSWLEC 628 This decision has been amended. Please see the end of the judgment for a list of the amendments.

APPLICATION Sky Design and Concepts Pty Ltd PARTIES : RESPONDENT Pittwater Council

FILE NUMBER(S) : 11044 of 2005

CORAM: Hussey C

KEY ISSUES: Section 96 Modification :- Removal of fill on waterfront embankment, impact on trees, wildlife corridor

LEGISLATION CITED: Environmental Planning and Assessment Act 1979 Pittwater Local Environmental Plan

DATES OF HEARING: 29/06/2007 and 21/08/2007

DATE OF JUDGMENT: 28 September 2007

APPLICANT Mr S. May, litigant in person

LEGAL REPRESENTATIVES: RESPONDENT Ms M. Carpenter, barrister Instructed by Ms K. Burke of Mallesons Stephen Jaques

JUDGMENT: THE LAND AND ENVIRONMENT COURT OF NEW SOUTH WALES

Hussey C

28 September 2007

11044 of 2005 Sky Design and Concepts Pty Ltd v Pittwater Council

JUDGMENT Background.

1 This appeal arises from council's refusal of a s 96 modification application for a dwelling house located at 220 McCarrs Creek Road, Church Point. The original conditional development consent was granted by the Court on 19 December 2005. 2 The subject site is one of a number of properties on the western side of McCarrs Creek Road, which face west towards a large Public Reserve along the McCarrs Creek waterway, a small tributary of the Pittwater waterway. It has a water frontage to the eastern bank of the creek and the land rises steeply to the main road, from which it against vehicular access. There is a relatively steep shoulder embankment from the edge of the existing road pavement to the property boundary.