Adamovic v Pittwater Council [2009] NSWLEC 1373

Land and Environment Court of New South Wales

CITATION : Adamovic v Pittwater Council [2009] NSWLEC 1373

APPLICANT Milka Adamovic PARTIES : RESPONDENT Pittwater Council

FILE NUMBER(S) : 10378 of 2009

CORAM: Dixon C

KEY ISSUES: DEVELOPMENT APPLICATION :- turning bay and double car stand area

LEGISLATION CITED: Environmental Planning and Assessment Act 1979

DATES OF HEARING: 30 October 2009

EX TEMPORE JUDGMENT DATE : 30 October 2009

APPLICANT Mr O Friscan, (agent)

LEGAL REPRESENTATIVES: RESPONDENT Mr Larkin (counsel) SOLICITOR Mallesons Stephen Jaques

JUDGMENT: THE LAND AND ENVIRONMENT COURT OF NEW SOUTH WALES

Dixon C

30 October 2009

10378 of 2009 Milka Adamovic v Pittwater Council This determination was given extemporaneously and has been edited prior to publication

JUDGMENT 1 The applicant has consent to construct a new turning bay and double car stand area on Lot C in deposited plan 413098 also known as 62 Alexander Crescent, Bayview. The consent does not operate until council is satisfied that the applicant has complied with two deferred commencement conditions in Part A of development application N006109.

2 The conditions read: 1. The provision of fully dimensioned plans showing the location of the sealed driveway including the existing paved driveway and the necessary extensions to that existing driveway sufficient to provide sealed access to residential traffic in accordance with the relevant Australian Standard ASNZ-2890.1/2004 B85 (85th percentile) car. 2. Creation of additional right(s) of way over the adjoining property, 1961 Pittwater Road, Bayview, benefiting the subject land sufficient to contain any part of the sealed driveway referred to in deferred commencement condition 1. 3 At the commencement of the hearing it was agreed that the applicant has not produced fully dimensioned plans in accordance with deferred commencement condition 1 or created any additional right of way over his neighbour's land, Lot A in DP413098, in accordance with deferred commencement condition 2. The applicant, represented by his agent Mr Friscan, a qualified engineer, seeks to activate the consent without the need to comply with the two deferred commencement conditions and has lodged this development appeal.