NSW Caselaw
Land and Environment Court of New South Wales
CITATION : Home Horizons Group v Pittwater Council [2009] NSWLEC 1006
APPLICANT Home Horizons Group Pty Limited PARTIES : RESPONDENT Pittwater Council
FILE NUMBER(S) : 10745 of 2008
CORAM: Brown C
KEY ISSUES: DEVELOPMENT APPLICATION :- demolition of an existing dwelling and the construction of a 4-unit housing development - categorisation of use - non-compliance with the density street frontage control, private open space , landscaped area and site coverage requirements - internal privacy impacts
LEGISLATION CITED: Environmental Planning and Assessment Act 1979 Pittwater Local Environmental Plan 1993
CASES CITED: R v Regos and Morgan [1947] HCA 19; [1947] 74 CLR 613 Coady v JH Nelson Pty Ltd (1947) 74 CLR 629
DATES OF HEARING: 4, 5/12/08
DATE OF JUDGMENT: 9 January 2009
APPLICANT Ms J Reid, solicitor SOLICITORS Pikes Lawyers LEGAL REPRESENTATIVES: RESPONDENT Mr M Staunton, barrister SOLICITORS Mallesons Stephen Jaques
JUDGMENT: THE LAND AND ENVIRONMENT COURT OF NEW SOUTH WALES
Brown C
9 January 2009
10745 of 2008 Home Horizons Group Pty Limited v Pittwater Council
JUDGMENT 1 COMMISSIONER: This is an appeal against the refusal of Development Application N0184/08 by Pittwater Council (the council) for the demolition of an existing dwelling and the construction of a 4-unit housing development at 60 Park St Mona Vale (the site).
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