Smith v Pittwater Council [2013] NSWLEC 1145

Land and Environment Court New South Wales

Medium Neutral Citation: Smith v Pittwater Council [2013] NSWLEC 1145 Hearing dates: 17 May 2013 Decision date: 21 May 2013 Jurisdiction: Class 1 Before: Brown C Decision: 1. The appeal is upheld. 2. Development Application No N0136/11 for the construction of a Shop Top Housing development at 13 Gondola Road, North Narrabeen is approved subject to the conditions in Annexure A. 3. The exhibits are returned with the exception of exhibits 1 and A. Catchwords: DEVELOPMENT APPLICATION: demolition of the existing structures and construction of a shop top housing development - potential risk to an individual who requires an ambulance during a flood event Legislation Cited: Environmental Planning and Assessment Act 1979 Land Environment Court Act 1979 Pittwater Local Environmental Plan 1993 Category: Principal judgment Parties: Margaret Smith (Applicant) Pittwater (Respondent) Representation: Mr G Green, solicitor (Applicant) Mr M Staunton, barrister (Respondent) Solicitors Pikes & Verekers Lawyers (Applicant) King & Wood Mallesons (Respondent) File Number(s): 11040 of 2012

Judgment 1COMMISSIONER: This is an appeal against refusal by Pittwater Council of Development Application No N01136/11 that seeks approval for 1. demolition of the existing structures on site, 2. a shop top housing development comprising 6 apartments, 6 office units, a 2 storey café and lockable storage spaces, 3. ground level parking comprising 15 car spaces, 3 accessible car spaces, a waste garbage room, car wash bay, 4. associated landscaping works to the site and road reserve, and 5. strata subdivision of the completed development. 2The appeal was subject of a conciliation conference on 17 May 2012 under s 34 of the Land Environment Court Act 1979. As no agreement was reached, the conciliation conference was terminated pursuant to s 34(4)(a). The parties consented to me disposing of the proceedings forthwith pursuant to s 34(4)(b)(i) on the basis of what occurred at the conciliation conference pursuant to s 34(4)(b)(ii).