NSW Caselaw
Land and Environment Court of New South Wales
CITATION : Evenden v Pittwater Council [2009] NSWLEC 1174
APPLICANT Peter Evenden PARTIES : RESPONDENT Pittwater Council
FILE NUMBER(S) : 10188 of 2009
CORAM: Hussey C
KEY ISSUES: DEVELOPMENT APPLICATION :- Height of fence in Foreshore Scenic Protection Area, view impact, character
Environmental Planning and Assessment Act 1979 LEGISLATION CITED: Pittwater Local Environmental Plan 1993 Pittwater 21 Development Control Plan State Environmental Planning Policy 71 – Coastal Protection
CASES CITED: Tenacity v Warringah Council [2004] NSWLEC 140 Pafburn v North Sydney Council [2005] NSWLEC 444
DATES OF HEARING: 19 May 2009
DATE OF JUDGMENT: 4 June 2009
APPLICANT Mr A Sattler (Solicitor) SOLICITOR Sattler & Associates LEGAL REPRESENTATIVES:
RESPONDENT Ms S Puckeridge (Solicitor) SOLICITOR Mallesons Stephen Jacques
JUDGMENT: THE LAND AND ENVIRONMENT COURT OF NEW SOUTH WALES
Hussey C
4June 2009
10188 of 2009 Peter Evenden v Pittwater Council
JUDGMENT Background 1 This appeal was lodged against council's refusal of a development application for the erection of a 1.8m high by 6.2m long fence adjacent to the rear portion of 90 George Street, Avalon. The applicant requires this fence in order to achieve a satisfactory level of privacy to this part of the garden area of the property.
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