Crivelly v Pittwater Council [2008] NSWLEC 1251

Land and Environment Court of New South Wales

CITATION : Crivelly v Pittwater Council [2008] NSWLEC 1251

Applicant: Michael Crivelly PARTIES : Respondent: Pittwater Council

FILE NUMBER(S) : 11323 of 2007

CORAM: Roseth SC

KEY ISSUES: Development Application :- heritage significance of unlisted house

DATES OF HEARING: 24 June 2008 and 25 June 2008

EX TEMPORE JUDGMENT DATE : 25 June 2008

Applicant: LEGAL REPRESENTATIVES: Mr C Mc Ewen, SC instructed by Mr R Bennett, solicitor of Pike Pike & Fenwick Respondent: Mr M Henry, barrister instructed by Mr J Browne, solicitor of Mallesons

JUDGMENT: THE LAND AND ENVIRONMENT COURT OF NEW SOUTH WALES

Roseth SC

25 June 2008

11323 of 2007 Michael Crivelli v Pittwater Council

JUDGMENT 1 Senior Commissioner: This is an appeal against the refusal by Pittwater Council (the council) of a development application to demolish the existing house and erect a new house on lots 10 and 11 DP 11909, known as 165-167 Whale Beach Road, Whale Beach.

The site 2 The site is on the southern side of Whale Beach Road to which it has a frontage of 30m. It consists of two allotments that together have an area of 1,654m2. It slopes steeply towards the rear, which is adjacent to the council's reserve along Whale Beach. A stone cottage now stands astride the boundary between the two allotments and close to the street. The area between the beach reserve and the house is heavily vegetated. The strip extends over neighbouring sites along Whale Beach Road. Development is visible only above the vegetated strip. 3 The character of the locality is low-density housing.