Gray & anor v Pittwater Council [2016] NSWLEC 1176

Land and Environment Court New South Wales

Medium Neutral Citation: Gray & anor v Pittwater Council [2016] NSWLEC 1176 Hearing dates: 2-4 March 2016 Date of orders: 13 May 2016 Decision date: 13 May 2016 Jurisdiction: Class 1 Before: Tuor C Decision: (1) The appeal is upheld in part. (2) The Council is directed to issue Building Certificate (BC0080/14) for the deck, ramp, pontoon, piles and wave baffle constructed below MHWM at 5 Sturdee Lane, Elvina Bay in respect of the Works the subject of these proceedings, within 14 days of the Applicant providing a survey by a Registered Surveyor and confirming, to council's satisfaction, that the following works have been done: a. demolish, alter or rebuild the 3 free-standing berthing piles so that there are no more than 2 free-standing berthing piles not greater than 2.67m AHD in height and paint the top 1m of the resultant free-standing piles white; b. remove one handrail from the ramp; c. if the south east free-standing pile is removed, paint the top 1m of the southern most end pile of the wave baffle white. (3) The exhibits, except Exhibits 1 and J, are returned. Catchwords: BUILDING CERTIFICATE APPLICATION: jetty, pontoon and piles. Visual impact and navigational safety. Legislation Cited: Environmental Planning and Assessment Act 1979; Land and Environment Court Act; Crown Lands Act 1989; Fisheries Management Act 1994; Pittwater Local Environmental Plan 2014 Cases Cited: Ireland v Cessnock [1999] NSWLEC 250, (1999) LGERA 311 Taipan Holdings Pty Ltd v Sutherland Shire Council [1999] NSWLEC 276 Category: Principal judgment Parties: Dr Bruce Gray and Ms Julie-Anne Gray (Applicant)