King v Pittwater Council [2008] NSWLEC 1183

Land and Environment Court of New South Wales

CITATION : King v Pittwater Council [2008] NSWLEC 1183

APPLICANT PR King & Associates PARTIES : RESPONDENT Pittwater Council

FILE NUMBER(S) : 11200 of 2007

CORAM: Brown C

KEY ISSUES: Appeal :- alterations and additions to an existing dwelling - amenity impacts from location of inclinator

LEGISLATION CITED: Environmental Planning and Assessment Act 1979 Pittwater 21 Development Control Plan

CASES CITED: Zhang v Canterbury City Council [2001] 115 LGRA 373

DATES OF HEARING: 23/04/08

DATE OF JUDGMENT: 24 April 2008

APPLICANT Mr P Rigg, solicitor SOLICITORS Deacons LEGAL REPRESENTATIVES: RESPONDENT Ms H Irish, barrister SOLICITORS Mallesons Stephen Jaques

JUDGMENT: THE LAND AND ENVIRONMENT COURT OF NEW SOUTH WALES

Brown C

24 April 2008

11200 of 2007 PR King & Associates v Pittwater Council

JUDGMENT 1 COMMISSIONER: This is an appeal under s 97 of the Environment Planning and Assessment Act 1979 against the decision of Pittwater Council (the council) to grant conditional development consent to Development Application No N0564/06 for alterations and additions to an existing dwelling at 135 Riverview Road, Avalon (the site).

2 The alterations and additions involve the construction of a deck and the installation of an inclinator to run from the dwelling to the shoreline of Pittwater. While it is open to the Court to consider the merits of the whole development application, the issues in the proceedings relate only to the proposed inclinator, and specifically condition B13 that states, That the inclinator rail be relocated 3.5 metres from the southern boundary.