Ikus Pty Ltd t/as U+I Building Studio v Northern Beaches Council [2018] NSWLEC 1534

Land and Environment Court New South Wales

Medium Neutral Citation: Ikus Pty Ltd t/as U+I Building Studio v Northern Beaches Council [2018] NSWLEC 1534 Hearing dates: 27 and 28 August 2018 Date of orders: 10 October 2018 Decision date: 10 October 2018 Jurisdiction: Class 1 Before: Smithson C Decision: (1) The appeal is dismissed; (2) Development Application No. DA 2017/1200 for alterations and additions to the existing dwelling at 73 Marine Parade, Avalon Beach is refused; (3) The exhibits are returned, except for Exhibits 2, A, B and D. Catchwords: DEVELOPMENT APPLICATION: alterations and additions to dwelling – garage, workshop and storage area in front setback and forward of the established building line – variations to DCP controls sought but not justified – adequacy of landscaping – neighbour objections Legislation Cited: Environmental Planning and Assessment Act 1979 Land and Environment Court Act 1979 Pittwater Local Environmental Plan 2014 Pittwater Development Control Plan Cases Cited: Nil Texts Cited: Australian Standard AS2890.1 Planning for Bushfire Protection 2006 Category: Principal judgment Parties: Ikus Pty Ltd t/as U+I Building Studio (Applicant) Northern Beaches Council (Respondent) Representation: Solicitors:

R Wilcher, Hicksons (Applicant) M Winram, Maddocks Lawyers (Respondent) File Number(s): 2018/95148 Publication restriction: No

Judgment 1. COMMISSIONER: This is an appeal under s 8.7 of the Environmental Planning and Assessment Act 1979 (the Act) against the deemed refusal of a development application by Northern Beaches Council (the Council), for alterations and additions to an existing dwelling house at 73 Marine Parade, Avalon Beach (the site). 2. The key issue associated with the application was the acceptability of a proposed structure comprising a double garage, workshop, enclosed manoeuvring area and storage in front of the existing dwelling (the structure or contended structure). The extent of proposed landscaping was also raised as a contention.