Crowley v Pittwater Council [2008] NSWLEC 1252

Land and Environment Court of New South Wales

CITATION : Crowley v Pittwater Council [2008] NSWLEC 1252

APPLICANT Juanita Crowley PARTIES : RESPONDENT Pittwater Council

FILE NUMBER(S) : 11211 of 2007

CORAM: Brown C

KEY ISSUES: Appeal :- modification of approval for alterations and additions to dwelling - overlooking and noise impacts - driveway grade

LEGISLATION CITED: Environmental Planning and Assessment Act 1979, s 96

DATES OF HEARING: 5, 20, 27/05/08, 17/06/08

DATE OF JUDGMENT: 26 June 2008

APPLICANT Mr G Green, solicitor SOLICITORS Pike Pike & Fenwick LEGAL REPRESENTATIVES: RESPONDENT Mr M Fraser, barrister SOLICITORS Mallesons Stephen Jaques

JUDGMENT: a THE LAND AND ENVIRONMENT COURT OF NEW SOUTH WALES

Brown C

26 June 2008

11211 of 2007 Juanita Crowley v Pittwater Council

JUDGMENT 1 COMMISSIONER: This is an appeal against a condition relating to the construction of a swimming pool imposed by Pittwater Council (the council) on an application to modify Development Consent N0626/06 for alterations and additions to any existing dwelling at 1941 Pittwater Road Bayview (the site).

2 The proceedings were heard as a s 34 Conference on 5 May 2008 and 20 May 2008 where on the latter date the Conciliation Conference was terminated as no agreement could be reached by the parties in accordance with s 34(3) of the Land and Environment Court Act 1979. The parties consented to the proceedings being disposed of with a further hearing on site on 27 May 2008 in accordance with s 34(4)(b). The judgement reflects the contents of the Statement of Facts and Contentions and the findings given on-site on 27 May 2008.