CBD Prestige Property v Warringah Council [2008] NSWLEC 1207

Land and Environment Court of New South Wales

CITATION : CBD Prestige Property v Warringah Council [2008] NSWLEC 1207

APPLICANT CBD Prestige Property Holdings Pty Limited PARTIES : RESPONDENT Warringah Council

FILE NUMBER(S) : 10997 of 2007

CORAM: Brown C

KEY ISSUES: Development Application :- subdivision of land - impact on scenic quality of bushland - consistency with Desired Future Character

LEGISLATION CITED: Environmental Planning and Assessment Act 1979 Warringah Local Environmental Plan 2000

DATES OF HEARING: 17/03/08, 25/03/08, 13/05/08

DATE OF JUDGMENT: 3 June 2008

APPLICANT Mr J Maston, barrister SOLICITORS Websters Solicitors LEGAL REPRESENTATIVES: RESPONDENT Mr N Howie, solicitor SOLICITORS Wilshire Webb Staunton Beattie Solicitors

JUDGMENT: THE LAND AND ENVIRONMENT COURT OF NEW SOUTH WALES

Brown C

3 June 2008

10997 of 2007 CBD Prestige Property Holdings Pty Limited v Warringah Council

JUDGMENT 1 COMMISSIONER: This is an appeal against the refusal by Warringah Council (the council) of Development Application 2004-1615 for the subdivision of land at Bantry Bay Road, Frenchs Forest (the site).

2 The issues raised by the council relate to the inconsistency with the desired future character of the locality and the unacceptable impact on the scenic quality of the bushland that largely surrounds the site. Previous issues relating to the disposal of stormwater and the potential impact on the red crowned toadlet were not pressed by the council following the submission of further information.