Merlin Financial Solutions v Pittwater Council [2012] NSWLEC 1222

Merlin Financial Solutions v Pittwater Council [2012] NSWLEC 1222

Development of shop top housing up to three storeys is permissible and suitable in 3(c) Neighbourhood Business zones under the relevant LEP and DCP, and while the loss of existing trees and impact on landscaping is regrettable, the proposal's design and replacement planting, along with upper level landscaping, adequately address planning objectives, meriting approval subject to appropriate conditions.

Parties
Applicant: Merlin Financial Solutions Pty Ltd; Respondent: Pittwater Council
Jurisdiction
Australia
Judgment Date
14 August 2012
Procedural Posture
Appeal (class 1) Land and Environment / Judgment After Hearing
Outcome
Appeal upheld; development application approved with conditions.
Legal Topics
Development Application, Shop Top Housing, Tree Removal, Onsite Landscaping, Neighbourhood Character, Height, Bulk and Scale, Setback, Privacy, Public Interest
Planning and Environment Development Application Shop Top Housing Tree Removal Onsite Landscaping Neighbourhood Character Height, Bulk and Scale Setback +2 more

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Parties

Merlin Financial Solutions Pty Ltd

Applicant

Pittwater Council

Respondent

Procedural Posture

Appeal (class 1) Land and Environment / Judgment After Hearing

Legal Issues

  1. 1 Whether the proposed shop top housing development is consistent with the planning controls and desired future character for the area under the relevant LEP and DCP
  2. 2 Whether removal of existing trees and proposed landscaping meet DCP requirements
  3. 3 Whether the development is acceptable in terms of height, bulk, and scale

Ratio Decidendi

Development of shop top housing up to three storeys is permissible and suitable in 3(c) Neighbourhood Business zones under the relevant LEP and DCP, and while the loss of existing trees and impact on landscaping is regrettable, the proposal's design and replacement planting, along with upper level landscaping, adequately address planning objectives, meriting approval subject to appropriate conditions.

Court Disposition

Appeal upheld; development application approved with conditions.

Orders

  • The appeal is upheld.
  • Application N0482/10 for a shop top housing development at 223 Plateau Road, Bilgola Plateau is approved subject to the conditions contained in Annexure A.