NSW Caselaw
Land and Environment Court New South Wales
Medium Neutral Citation: DL Newport Pty Ltd v Pittwater Council [2013] NSWLEC 1048 Hearing dates: 4-5 March, 2013 Decision date: 21 March 2013 Jurisdiction: Class 1 Before: O'Neill C Decision: 1. The appeal is dismissed. 2. Development Application No. N0466/11 for a three and four storey shop-top housing development and a three storey attached dual occupancy development is refused. 3. The exhibits, other than exhibit 3, are returned. Catchwords: DEVELOPMENT APPLICATION: shop-top housing and attached dual occupancy development; height; internal amenity of the apartments; consistency of the proposal with the masterplan for Newport Commercial Centre; resident objectors. Legislation Cited: Environmental Planning and Assessment Act 1979 Environmental Planning and Assessment Regulation 2000 Land and Environment Court Act 1979 Cases Cited: The Benevolent Society v Waverley Council [2010] NSWLEC 1082 I V Trading Pty Limited v Parramatta City Council [2010] NSWLEC 1170 Zhang v Canterbury City Council (2001) 115 LGERA 373 Stockland Development Pty Ltd v Manly Council [2004] NSWLEC 472 Category: Principal judgment Parties: DL Newport Pty Ltd (Applicant)
Pittwater Council (Respondent) Representation: Mr N. Eastman (Applicant)
Ms M. Carpenter (Respondent) Gadens Lawyers (Applicant)
King & Wood Mallesons Lawyers (Respondent) File Number(s): 10694 of 2012
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