NSW Caselaw
Land and Environment Court of New South Wales
CITATION : Fleming v Pittwater Council [2007] NSWLEC 576
APPLICANT Ross Fleming PARTIES : RESPONDENT Pittwater Council
FILE NUMBER(S) : 10379 of 2007
CORAM: Hoffman C
KEY ISSUES: Development Application :- subdivision of 1 lot into 2 lots, character of the locality, lot size, stormwater discharge, access driveway, amenity and design, flora and fauna
Environmental Planning and Assessment Act 1979 LEGISLATION CITED: Pittwater Local Environment Plan (LEP) Pittwater Development Control Plan No. 21
DATES OF HEARING: 21/06/2007 and 30/08/2007
EX TEMPORE JUDGMENT DATE : 30 August 2007
APPLICANT Mr G. Green, solicitor Instructed by L. Rankin of Pike Pike and Fenwick LEGAL REPRESENTATIVES:
RESPONDENT Ms D. Townsend, solicitor of Mallesons Stephen Jaques
JUDGMENT: THE LAND AND ENVIRONMENT COURT OF NEW SOUTH WALES
Hoffman C
30 August 2007
10379 of 2007 Ross Fleming v Pittwater Council
JUDGMENT 1 This a Class 1 appeal to a proposed subdivision of 1 lot into 2 lots at No. 28 Crescent Road, Mona Vale, identified as Lot X DP 419432. The hearing was held on site on 30 August 2007. 2 The subject site and surrounding properties are zoned Residential 2A and subject to the provisions of Pittwater Local Environment Plan (LEP) and Pittwater Development Control Plan No. 21 (DCP). The property is identified as being located within a foreshore scenic protection area, however the water could not be seen from the property due to impeding vegetation and the location of the property in the land form.
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