Guiseppe and Maria Romeo v Pittwater Council [2011] NSWLEC 1078

Land and Environment Court New South Wales

Medium Neutral Citation: Guiseppe and Maria Romeo v Pittwater Council [2011] NSWLEC 1078 Hearing dates: 22, 23 November 2010 and 31 January 2011 Decision date: 05 April 2011 Jurisdiction: Class 1 Before: Dixon C Decision: 1. Appeal dismissed. 2. Application No. N0051/05/S96/2 to modify the development consent granted by the Court on 12 January 2007 in Romeo V Pittwater Council [2007] NSWLEC15 for the demolition of the existing "Pasadena" development and the construction of a shop - top housing development at 1858 Pittwater Road Church Point is refused. 3. The exhibits are returned except F and 2. Catchwords: APPEAL - application to modify consent granted by the Court for an existing use - JURISDICTION - substantially the same development Legislation Cited: Environmental Planning and Assessment Act 1979 Pittwater Local Environmental Plan 1993 State Environmental Planning Policy No 65 - Design Quality of Residential Flat Buildings State Environmental Planning Policy No 71 - Coastal Protection Pittwater 21 Development Control Plan - Amendment 4 Environmental Planning and Assessment Amendment (Existing uses) Regulation 2006 Environmental Planning & Assessment Regulations Cases Cited: Moore Development Group Pty Ltd v Pittwater Council (2003) 127LGERA 27 Moto Projects (No2) Pty Ltd V North Sydney [1999] NSWLEC 280 Romeo v Pittwater Council [2006] NSWLEC 645 Romeo v Pittwater Council [2007] NSWLEC 15 Romeo & Anor v Pittwater Council [2008] NSWLEC 1478 Tenacity Consulting Pty Ltd V Warringah Council (2004) 134LGERA 23 Davi Developments Pty Ltd Leichhardt Council [2007] NSWLEC 106 Vacik Pty Ltd v Penrith City Council City Council [1992] NSWLEC 8 Category: Principal judgment Parties: APPLICANT Guiseppe and Maria Romeo