Wiggins v Pittwater Council [2006] NSWLEC 761

Wiggins v Pittwater Council [2006] NSWLEC 761

Proper, genuine, and realistic consideration of cl B6.2 of the DCP, together with merits examination and expert evidence as to safety, allows approval of the driveway at greater than 20% gradient as proposed; sufficient evidence supports safe access and flexible application of the standard.

Parties
Applicant: James Joseph Kenneth Wiggins; Respondent: Pittwater Council
Jurisdiction
Australia
Judgment Date
06 December 2006
Procedural Posture
Appeal / Final Judgment After Rehearing Remitted by Lloyd J
Outcome
Appeal upheld; development application approved subject to conditions
Legal Topics
Development Applications, Subdivision, Access Driveways, Gradient Standards
Planning and Environment Development Applications Subdivision Access Driveways Gradient Standards

Case Brief

Summary, issues, holding and outcome

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Parties

James Joseph Kenneth Wiggins

Applicant

Pittwater Council

Respondent

Procedural Posture

Appeal / Final Judgment After Rehearing Remitted by Lloyd J

Legal Issues

  1. 1 Whether the proposed subdivision complies with Pittwater 21 Development Control Plan driveway gradient standards
  2. 2 Whether departure from DCP standards can be justified based on safety and other merits

Ratio Decidendi

Proper, genuine, and realistic consideration of cl B6.2 of the DCP, together with merits examination and expert evidence as to safety, allows approval of the driveway at greater than 20% gradient as proposed; sufficient evidence supports safe access and flexible application of the standard.

Court Disposition

Appeal upheld; development application approved subject to conditions

Orders

  • The appeal is upheld.
  • Development application No. 214/05 for the re-subdivision of Nos. 91 and 93 Powderworks Road, North Narrabeen, is determined by the granting of development consent subject to conditions in Annexure 'A'.