Soutar v Pittwater Council [2013] NSWLEC 1199

Land and Environment Court New South Wales

Medium Neutral Citation: Soutar v Pittwater Council [2013] NSWLEC 1199 Hearing dates: 16-17 October, 2013 Decision date: 22 October 2013 Jurisdiction: Class 1 Before: O'Neill C Decision: 1. The appeal is dismissed. 2. Modification Application No. N0197/09/S96/1 for an increase in the height and site coverage is refused. 3. The exhibits, other than exhibits 1 and A, are returned. Catchwords: MODIFICATION APPLICATION: retrospective consent to increase height and site coverage, impact on views, impact on solar access and precedent. Legislation Cited: Environmental Planning and Assessment Act 1979 Land and Environment Court Act 1979 Cases Cited: Goldin & Anor v Minister for Transport Administering the Ports Corporatisation and Waterways Management Act 1995 [2002] NSWLEC 75 Kendall Street v Byron Shire Council (2004) 138 LGERA 360 Tenacity Consulting v Waringah [2004] NSWLEC 140 The Benevolent Society v Waverley Council [2010] NSWLEC 1082 Zhang v Canterbury City Council (2001) 115 LGERA 373 Category: Principal judgment Parties: Troy Soutar (Applicant) Pittwater Council (Respondent) Representation: Mr Tony Sattler (Solicitor) (Applicant) Mr Nick Eastman (Barrister) (Respondent) Solicitors Sattler & Associates (Applicant) King & Wood Mallesons (Respondent) File Number(s): 10596 of 2013