Miller & anor v Pittwater Council [2014] NSWLEC 1087

Land and Environment Court New South Wales

Medium Neutral Citation: Miller & anor v Pittwater Council [2014] NSWLEC 1087 Hearing dates: 23, 24 January 2014; 11 March 2014; 31 March 2014 Decision date: 15 May 2014 Jurisdiction: Class 1 Before: Fakes C Decision: 1. The appeal is upheld. 2. Development application N0108/13 for the subdivision of one yet to be created lot into two lots, including the provision of services, off-street parking and tree removal, at 232-234 Barrenjoey Road, Newport (Lot D DP367601 and Lot 5A DP 399973) is approved subject to the conditions in Annexure 1. Catchwords: SUBDIVISION; Access; Tree removal; impact on views; previous Court approval Legislation Cited: Environmental Planning & Assessment Act 1979 Pittwater Local Environmental Plan 1993 Cases Cited: Miller v Pittwater Council [2011] NSWLEC 1117 Segal & v Waverley Council [2005] NSWCA 310 Zhang v Canterbury City Council [2001] NSWCA 167 Category: Principal judgment Parties: Gabriel & Chelsea Miller (Applicants) Pittwater Council (Respondent) Representation: Applicants: Mr M Staunton (Barrister) Respondent: Ms H Irish (Barrister) Applicants: Sattler & Associates Respondent: King & Wood Mallesons File Number(s): 10717 of 2013

Judgment 1COMMISSIONER: The applicants appeal Pittwater Council's refusal of development application DA N0108/2013 for subdivision of one yet to be created lot into 2 lots at 232 and 234 Barrenjoey Road, Newport (the site). The proposal also includes provision of services, off-street parking and tree removal. 2The appeal is made under s 97(1)(a) of the Environmental Planning & Assessment Act 1979 (the Act).