Brown v Pittwater Council [2012] NSWLEC 1301

Land and Environment Court New South Wales

Medium Neutral Citation: Brown v Pittwater Council [2012] NSWLEC 1301 Hearing dates: 10 October 2012 Decision date: 31 October 2012 Jurisdiction: Class 1 Before: O'Neill C Decision: 1. The appeal is upheld. 2. Development Application No N0148/12 for a studio over the garage is approved, subject to the conditions in Annexure A. 3. The exhibits are returned, except for exhibit 2. Catchwords: DEVELOPMENT APPLICATION: studio above a garage, bulk and scale, site coverage and precedent. Legislation Cited: Land and Environment Court Act 1979 Environmental Planning and Assessment Act 1979 Cases Cited: Goldin & Anor v Minister for Transport Administering the Ports Corporatisation and Waterways Management Act 1995 [2002] NSWLEC 75 Category: Principal judgment Parties: Mr Nicholas Charles Brown (Applicant) Pittwater Council (Respondent) Representation: Ms Susan Hill (Solicitor) (Applicant) Mr Michael Staunton (Barrister) (Respondent) Solicitors Susan Hill & Associates Lawyers (Applicant) King & Wood Mallesons (Respondent) File Number(s): 10798 of 2012

Judgment 1COMMISSIONER: This is an appeal pursuant to the provisions of s 97 of the Environmental Planning and Assessment Act 1979 against the deemed refusal of Development Application No. 148/12 (the proposal) by Pittwater Council (the Council) for a studio above an approved garage, at 86 Bungan Head Road, Newport (the site). 2The appeal was subject to mandatory conciliation on 10 October 2012, in accordance with the provisions of s 34AA of the Land and Environment Court Act 1979. As no agreement was reached during the conciliation phase, the conciliation conference was terminated pursuant to s34AA(2)(b) and the proceedings dealt with forthwith pursuant to s 34AA(2)(b)(i). The parties consented to the admission of evidence given during the conciliation conference in the hearing, pursuant to s 34(12) LEC Act.