Moore Development Group Pty Limited v Pittwater Council [2003] NSWLEC 239

Moore Development Group Pty Limited v Pittwater Council [2003] NSWLEC 239

The appeal was dismissed because the proposed four-storey residential building was of inappropriate height and bulk in a prominent Church Point foreshore location, would have adverse environmental, social and economic impacts and would not be in the public interest. The proposal would also overbear Sir Thomas Stephens Reserve and the adjacent heritage building, diminish the potential for neighbourhood business uses, and create an unresolved incompatibility between private residential occupation and surrounding public community uses, making the site unsuitable for the proposed development under s 79C of the Environmental Planning and Assessment Act 1979.

Jurisdiction
Australia
Judgment Date
17 October 2003
Procedural Posture
Class 1 Appeal Under S 97 of the Environmental Planning and Assessment Act 1979 Against Deemed Refusal of an Integrated Development Application / Final Determination of Appeal
Outcome
Appeal dismissed; development consent refused.
Legal Topics
['integrated Development Application' 'existing Use Rights' 'height, Bulk and Scale' 'neighbourhood Business Zone' 'public Interest' 'car Parking and Access' 'foreshore and Waterfront Building Line' 'impact on Heritage Item and Public Reserve']
['planning and Environment' 'development Consent' 'existing Use Rights' 'heritage' 'land Use Compatibility'] ['integrated Development Application' 'existing Use Rights' 'height, Bulk and Scale' 'neighbourhood Business Zone' 'public Interest' 'car Parking and Access' 'foreshore and Waterfront Building Line' 'impact on Heritage Item and Public Reserve']

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Procedural Posture

Class 1 Appeal Under S 97 of the Environmental Planning and Assessment Act 1979 Against Deemed Refusal of an Integrated Development Application / Final Determination of Appeal

Legal Issues

  1. 1 ['Whether the integrated development application should be approved having regard to the height, bulk, massing and scale of the proposed development.' 'Whether the proposal would adversely affect the General Store and Post Office heritage item and Sir Thomas Stephens Reserve.' 'Whether the proposal would diminish land available for neighbourhood business uses.' 'Whether permanent residential use would be incompatible with adjoining public and community uses.' 'Whether tenure issues relating to adjoining Crown Land affected the proposal.' 'Whether parking, vehicular access and pedestrian access were adequate.' 'Whether the proposal should be refused having regard to the waterfront building line and foreshore impacts.' 'Whether the proposal was in the public interest under s 79C of the Environmental Planning and Assessment Act 1979.']

Ratio Decidendi

The appeal was dismissed because the proposed four-storey residential building was of inappropriate height and bulk in a prominent Church Point foreshore location, would have adverse environmental, social and economic impacts and would not be in the public interest. The proposal would also overbear Sir Thomas Stephens Reserve and the adjacent heritage building, diminish the potential for neighbourhood business uses, and create an unresolved incompatibility between private residential occupation and surrounding public community uses, making the site unsuitable for the proposed development under s 79C of the Environmental Planning and Assessment Act 1979.

Court Disposition

Appeal dismissed; development consent refused.

Orders

  • ['The appeal under s 97 of the Environmental Planning and Assessment Act 1979 is dismissed.' "Integrated development application No N0550/02 lodged with the respondent council on 4 July 2002, to demolish the existing 'Pasadena' building, to excavate the land and to erect a four-storey building containing nine...