Romeo, Guiseppe and Anna Maria v Pittwater Council [2007] NSWLEC 15

Romeo, Guiseppe and Anna Maria v Pittwater Council [2007] NSWLEC 15

The proposed development, as originally designed, would cause unreasonable loss of views from 2195 Pittwater Road and exceeded a reasonable bulk and scale. These impacts can be mitigated by deleting Apartment 5 and lowering the parapet to maintain the existing parapet height, while deficiencies in car parking are acceptable on the basis of historical use and the impracticability of providing more parking. Deferred commencement consent is appropriate subject to conditions likewise addressing ramp design.

Parties
Applicants: Guiseppe and Anna Maria Romeo; Respondent: Pittwater Council
Jurisdiction
Australia
Judgment Date
12 January 2007
Procedural Posture
Development Application Appeal / Judgment After Hearing
Outcome
appeal upheld
Legal Topics
Development Consent, Existing Use Rights, View Loss, Car Parking, Public/private Interface
Planning Law Environmental Law Development Consent Existing Use Rights View Loss Car Parking Public/private Interface

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Parties

Guiseppe and Anna Maria Romeo

Applicants

Pittwater Council

Respondent

Procedural Posture

Development Application Appeal / Judgment After Hearing

Legal Issues

  1. 1 Whether the proposed development results in unreasonable view loss to neighbouring property at 2195 Pittwater Road
  2. 2 Whether the proposed car parking provision is adequate for the development
  3. 3 Whether there is an unacceptable public/private interface between the development and the adjoining reserve

Ratio Decidendi

The proposed development, as originally designed, would cause unreasonable loss of views from 2195 Pittwater Road and exceeded a reasonable bulk and scale. These impacts can be mitigated by deleting Apartment 5 and lowering the parapet to maintain the existing parapet height, while deficiencies in car parking are acceptable on the basis of historical use and the impracticability of providing more parking. Deferred commencement consent is appropriate subject to conditions likewise addressing ramp design.

Court Disposition

appeal upheld

Orders

  • The appeal under s 97 of the Environmental Planning and Assessment Act 1979 is upheld.
  • Development application No N0051/05 is approved subject to deferred commencement Conditions 1 to 5 and, after these are satisfied, Conditions A1 to F1 in Annexure A.