Gadallen Pty Limited v Pittwater Council [2013] NSWLEC 1241

Land and Environment Court New South Wales

Medium Neutral Citation: Gadallen Pty Limited v Pittwater Council [2013] NSWLEC 1241 Hearing dates: 20 December 2013 Decision date: 24 December 2013 Jurisdiction: Class 1 Before: Morris C Decision: Appeal upheld in part Catchwords: Deletion of condition requiring undergrounding of overhead wires; DCP variation provisions, compatibility, streetscape Legislation Cited: Land and Environment Court Act 1979; State Environmental Planning Policy (Affordable Rental Housing) 2009; Environmental Planning and Assessment Act 1979; Cases Cited: Allen v Pittwater Council [2011] NSWLEC 1342; Botany Bay City Council v Saab Corp Pty Ltd [2011] NSWCA 308 Texts Cited: Pittwater 21 Development Control Plan Category: Principal judgment Parties: Gadallen Pty Limited (Applicant)

Pittwater Council (Respondent) Representation: Ms H Irish (Respondent) Mr G McKee McKees Legal Solutions (Applicant)

Ms K Lau King & Wood Mallesons (Respondent) File Number(s): 10886 of 2013

Judgment 1Gadallen Pty Ltd is nearing the completion of an affordable housing development at 38-40 St Andrews Gate, Elanora Heights. One of the consent conditions requires the undergrounding of overhead power supply and communication cables across the frontage of the site. Gadallen lodged a modification application with Pittwater Council seeking the deletion of this condition and the council refused to modify the consent. Gadallen is appealing that decision. 2The applicant had been granted leave by the Court under s 34AA(1)(b) of the Land and Environment Court Act 1979 (LEC Act) for the matter to be heard under that section.