Sternhell v Warringah Council [2014] NSWLEC 1168

Land and Environment Court New South Wales

Medium Neutral Citation: Sternhell v Warringah Council [2014] NSWLEC 1168 Hearing dates: 14-15 August 2014 Decision date: 22 August 2014 Jurisdiction: Class 1 Before: Morris C Decision: Appeal dismissed Catchwords: Development Application: subdivision; lot size; bushfire risk Legislation Cited: Warringah Local Environmental Plan 2011; Environmental Planning and Assessment Act 1979; Rural Fires Act 1997; State Environmental Planning Policy (Exempt and Complying Development Codes) 2008 Cases Cited: Botany Bay City Council v Premier Customs Service Pty Ltd [2009] NSWCA 226 Texts Cited: Generic Bushland Reserves Plan of Management; Warringah Development Control Plan 2011; Warringah Pittwater Bushfire Risk Management Plan; 10/50 Vegetation Clearing Code of Practice for New South Wales; Planning for Bush Fire Protection; AS/NZS 2890.1:2004 Parking facilities - Off-street car parking Category: Principal judgment Parties: Roger Sternhell (Applicant)

Warringah Council (Respondent) Representation: Mr J Cole HWL Ebsworth Lawyers (Applicant)

Mr S Patterson Wilshire Webb Staunton Beattie Lawyers (Respondent) File Number(s): 10194 of 2014

Judgment 1Mr Sternhell lodged Development Application DA 2013/1382 with Warringah Council on 15 November 2013 seeking consent to demolish existing structures and subdivide the site into four lots. 2The council refused consent and Sternhell is appealing that decision. The main contentions in the case are whether the development standard for minimum lot size should be varied, if the proposed development results in an overdevelopment of the site and is consistent with the character of the area and whether the adjoining public reserve should be used for bushfire protection works.