Boston Blythe Fleming Pty Ltd v Pittwater Council [2013] NSWLEC 1240

Land and Environment Court New South Wales

Medium Neutral Citation: Boston Blythe Fleming Pty Ltd v Pittwater Council [2013] NSWLEC 1240 Hearing dates: 17-18 December 2013 Decision date: 24 December 2013 Jurisdiction: Class 1 Before: O'Neill C Decision: 1. The appeal is dismissed. 2. Development Application No. N0021/13 for alterations and additions to an existing building for continued use as a restaurant, cafe, motel and retail shop is refused. 3. The exhibits, other than exhibits 10, A and D, are returned. Catchwords: DEVELOPMENT APPLICATION: 'Pasadena' restaurant, cafe, motel and retail; existing use; whether the proposal can be characterised as alterations and additions; whether the proposal is an intensification of use; impact of an increase in the height, bulk and scale and impact on views; impact on nearby heritage items; whether provision of parking is adequate; whether public access way should be provided over the site. Legislation Cited: Environmental Planning and Assessment Act 1979 Land and Environment Court Act 1979 Cases Cited: Coorey v Municipality of Hunters Hill [2013] NSWLEC 1187 Fodor Investments v Hornsby Shire Council [2005] NSWLEC 71 Mary Romeo and Joe Romeo v Pittwater Council 10261 of 1997 Romeo, Guiseppe and Anna Maria v Pittwater Council [2007] NSWLEC 15 Stromness Pty Ltd v Woollahra Municipal Council [2006] NSWLEC 587 Tenacity Consulting v Warringah [2004] NSWLEC 140 Tuite v Wingecarribee Shire Council (No 2) [2008] NSWLEC 321 Category: Principal judgment Parties: Boston Blyth Fleming Pty Ltd (Applicant) Pittwater Council (Respondent) Representation: Mr Michael Staunton Barrister (Applicant) Ms Marion Carpenter Barrister (Respondent) Brook Worthington (Applicant) King & Wood Mallesons (Respondent) File Number(s): 10588 of 2013