Merrin Developments Pty Ltd v Pittwater Council [2016] NSWLEC 1080

Land and Environment Court New South Wales

Medium Neutral Citation: Merrin Developments Pty Ltd v Pittwater Council [2016] NSWLEC 1080 Hearing dates: 17,18 February 2016, conditions 25 February 2016 Date of orders: 09 March 2016 Decision date: 09 March 2016 Jurisdiction: Class 1 Before: Brown C Decision: 1. The appeal is upheld. 2. DA No 350/14 for the subdivision of land at 53, 53a & 53b Warriewood Road, Warriewood in two stages is approved subject to the conditions of consent in Annexure A. 3. The exhibits are returned with the exception of exhibits A, C and D. Catchwords: DEVELIOPMENT APPLICATION: staged subdivision – what infrastructure should be provided for the Stage 1 and Stage 2 – whether a s94 contribution can be imposed on existing dwellings Legislation Cited: Environmental Planning and Assessment Act 1979 Pittwater Local Environmental Plan 2014 Cases Cited: Newbury District Council v Secretary of State for the Environment [1981] AC 578 Category: Principal judgment Parties: Merrin Developments Pty Ltd (Applicant) Pittwater Council (Respondent) Representation: Counsel: Mr C Leggat SC (Applicant) Mr S Nash, barrister (Respondent)

Solicitors: Swaab Lawyers (Applicant) King & Wood Mallesons (Respondent) File Number(s): 10871 of 2015 Publication restriction: No

Judgment 1. COMMISSIONER: This appeal relates to the refusal of DA No 350/14 by Pittwater Council for the subdivision of land at 53, 53a & 53b Warriewood Road, Warriewood (the site) in two stages.