Hawkins v Pittwater Council [2005] NSWLEC 734

Hawkins v Pittwater Council [2005] NSWLEC 734

The Court was satisfied, on the evidence including that of council officers, that the amended development application and proposed conditions addressed the council's original concerns and the objectors' issues; there was therefore no reason not to make the consent orders approving the amended development application.

Jurisdiction
Australia
Judgment Date
07 December 2005
Procedural Posture
S 97 Appeal Under the Environmental Planning and Assessment Act Against the Council's Determination of a Development Application / Ex Tempore Judgment on Consent Orders
Outcome
Appeal upheld; amended development application approved subject to conditions; no order as to costs.
Legal Topics
['development Application' 'dual Occupancy' 'consent Orders' 'residential Zoning' 'stormwater Drainage' 'objector Concerns' 'demolition and Asbestos Removal' 'tree Removal and Habitat Replacement']
['planning and Environment Law'] ['development Application' 'dual Occupancy' 'consent Orders' 'residential Zoning' 'stormwater Drainage' 'objector Concerns' 'demolition and Asbestos Removal' 'tree Removal and Habitat Replacement']

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Procedural Posture

S 97 Appeal Under the Environmental Planning and Assessment Act Against the Council's Determination of a Development Application / Ex Tempore Judgment on Consent Orders

Legal Issues

  1. 1 ['Whether the amended development application for an attached dual occupancy at 77 Bardo Road, Newport should be approved by consent orders.' "Whether the amended plans and proposed conditions addressed the council's concerns and the matters raised in letters of objection, including setback, site coverage, asbestos removal, tree removal, habitat, wildlife movement and stormwater drainage."]

Ratio Decidendi

The Court was satisfied, on the evidence including that of council officers, that the amended development application and proposed conditions addressed the council's original concerns and the objectors' issues; there was therefore no reason not to make the consent orders approving the amended development application.

Court Disposition

Appeal upheld; amended development application approved subject to conditions; no order as to costs.

Orders

  • ['The appeal in respect of the property known as 77 Bardo Road, Newport, is upheld.' 'The development application submitted to Pittwater Council as amended and shown in the plans Issue E prepared by Ian Farrelly, Architect, is approved subject to the conditions contained in Annexure A.' 'There is no order to costs...