Jubilee Avenue Investments Pty Ltd v Pittwater Council [2008] NSWLEC 59

Jubilee Avenue Investments Pty Ltd v Pittwater Council [2008] NSWLEC 59

214 car spaces are sufficient for the present proposal; condition B24 should require piling and pier work for 10% increase over 214 spaces (to 235 total) should office and warehouse components be split in future; requiring more parking (as in B25/B24 prior wording) is excessive for current use; proposed amendments are appropriate.

Parties
Applicant: Jubilee Avenue Investments Pty Ltd; Respondent: Pittwater Council
Jurisdiction
Australia
Judgment Date
14 February 2008
Procedural Posture
Appeal / Judgment
Outcome
Appeal upheld in part
Legal Topics
Development Consent, Carparking Requirements, Condition Modification
Planning and Environment Law Development Consent Carparking Requirements Condition Modification

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Parties

Jubilee Avenue Investments Pty Ltd

Applicant

Pittwater Council

Respondent

Procedural Posture

Appeal / Judgment

Legal Issues

  1. 1 Whether conditions B24 and B25 relating to carparking on the development consent should be amended or deleted

Ratio Decidendi

214 car spaces are sufficient for the present proposal; condition B24 should require piling and pier work for 10% increase over 214 spaces (to 235 total) should office and warehouse components be split in future; requiring more parking (as in B25/B24 prior wording) is excessive for current use; proposed amendments are appropriate.

Court Disposition

Appeal upheld in part

Orders

  • The appeal is upheld in part.
  • The s 96 application to amend conditions of development consent No. N0007/07 is granted as follows: (a) Condition B24 is amended to require piling and pier work on level 1 be constructed to allow a 10% increase in parking area on that level for potential future separation of office and warehouse components; (b)...