Gray & anor v Pittwater Council [2016] NSWLEC 1176

Gray & anor v Pittwater Council [2016] NSWLEC 1176

The application for the building certificate is upheld in part; the works as proposed result in unacceptable cumulative visual impact and obstruct navigation contrary to planning controls. Reduction of free-standing berthing piles to two not greater than 2.67m AHD in height, removal of one handrail, and specified painting, achieves greater compliance with the DCP and planning objectives.

Parties
Applicant: Dr Bruce Gray; Applicant: Ms Julie-Anne Gray; Respondent: Pittwater Council
Jurisdiction
Australia
Judgment Date
13 May 2016
Procedural Posture
Class 1 Appeal / Final Judgment
Outcome
Appeal upheld in part
Legal Topics
Building Certificate Application, Visual Impact, Navigational Safety
Environmental Planning Law Administrative Law Building Certificate Application Visual Impact Navigational Safety

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Parties

Dr Bruce Gray

Applicant

Ms Julie-Anne Gray

Applicant

Pittwater Council

Respondent

Procedural Posture

Class 1 Appeal / Final Judgment

Legal Issues

  1. 1 Whether the works constructed without development consent have an adverse visual impact
  2. 2 Whether the works reduce public access to the water, principally for the ferry
  3. 3 Whether the works comply with planning controls, specifically the Pittwater Local Environmental Plan 2014 and Development Control Plan

Ratio Decidendi

The application for the building certificate is upheld in part; the works as proposed result in unacceptable cumulative visual impact and obstruct navigation contrary to planning controls. Reduction of free-standing berthing piles to two not greater than 2.67m AHD in height, removal of one handrail, and specified painting, achieves greater compliance with the DCP and planning objectives.

Court Disposition

Appeal upheld in part

Orders

  • Council to issue Building Certificate (BC0080/14) for the deck, ramp, pontoon, piles and wave baffle at 5 Sturdee Lane, Elvina Bay, within 14 days of applicant providing a survey and confirmation of required works: a) reduce free-standing berthing piles to no more than 2, not greater than 2.67m AHD in height, and...
  • Exhibits, except Exhibits 1 and J, returned.