Adams v Warringah Council [2011] NSWLEC 1063

Land and Environment Court New South Wales

Medium Neutral Citation: Adams v Warringah Council [2011] NSWLEC 1063 Hearing dates: 16,17 February 2011 Decision date: 15 March 2011 Jurisdiction: Class 1 Before: Morris C Decision: (1) The appeal is upheld in part. (2) Development Application No DA2009/1331 is approved for the following works only: (a) Alterations and additions to an existing dwelling house including an attached carport, 5000 litre water tank and works to bring the building to accord with the requirements of the Building Code of Australia and Australian Standards AS3959-1999 - Construction of Buildings in Bush Fire Prone Areas; (b) Construction of a 3m x 3m garden shed; (c) Removal of an existing power pole and provision of underground electricity cables to service the existing dwelling; (d) Demolition of an existing awning attached to the outbuilding and the installation of a 5000 litre water tank subject to the conditions included in Appendix "A". (3) That part of Development Application No DA2009/1331, which proposed the conversion of an existing outbuilding to a dwelling house, is refused. (4) The exhibits, other than exhibit B, are returned. Catchwords: Whether development is consistent with Desired Future Character; weight to be applied to draft local environmental plan; housing density standards. Legislation Cited: Environmental Planning and Assessment Act 1979; Warringah Local Environmental Plan 2000; Land and Environment Court Act 1979; Standard Instrument (Local Environmental Plans) Order 2006 Cases Cited: Retirement by Design Pty Ltd v Warringah Council [2007] NSWLEC 87 Texts Cited: Building Code of Australia; Australian Standards AS3959-1999 - Construction of Buildings in Bush Fire Prone Areas. Category: Principal judgment Parties: Helene Adams (Applicant) Warringah Council (Respondent) Representation: Counsel: Mr M Fraser (Applicant) Solicitors: Gadens (Applicant) Mr A Pickup (Respondent) Storey & Gough (Respondent) File Number(s): 10798 of 2010