Riverview Road Pty Limited v Pittwater Council [2010] NSWLEC 1111

Riverview Road Pty Limited v Pittwater Council [2010] NSWLEC 1111

The proposed development gives adequate regard to neighbourhood amenity and streetscape by meeting design principles and preserving local character, satisfies the rear 25% single storey requirement by including Lot D2 in 'the site', and the proposed boat shed has appropriate setbacks and use. Consequently, development consent should be granted and the appeal upheld.

Parties
Applicant: Riverview Road Pty Limited; Respondent: Pittwater Council
Jurisdiction
Australia
Judgment Date
14 April 2010
Procedural Posture
Appeal / Final Judgment
Outcome
appeal upheld; development application approved
Legal Topics
Development Applications, Housing for Seniors or People With a Disability, Design Principles, Neighbourhood Amenity, Streetscape, Site Area Interpretation, Bulk and Scale, Character of Area, Boat Shed Setbacks
Planning Law Development Applications Housing for Seniors or People With a Disability Design Principles Neighbourhood Amenity Streetscape Site Area Interpretation Bulk and Scale +2 more

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 4 Authorities cited 4 Party arguments 2 Amounts and remedies 4
Sign in to unlock

Parties

Riverview Road Pty Limited

Applicant

Pittwater Council

Respondent

Procedural Posture

Appeal / Final Judgment

Legal Issues

  1. 1 Whether the proposed development gives adequate regard to neighbourhood amenity and streetscape under State Environmental Planning Policy (Housing for Seniors or People With a Disability) 2004
  2. 2 Whether the proposed development complies with the requirement that a building in the rear 25% of the site must not exceed 1 storey in height under the Policy
  3. 3 Whether the boat shed is suitable given the setbacks and intended use

Ratio Decidendi

The proposed development gives adequate regard to neighbourhood amenity and streetscape by meeting design principles and preserving local character, satisfies the rear 25% single storey requirement by including Lot D2 in 'the site', and the proposed boat shed has appropriate setbacks and use. Consequently, development consent should be granted and the appeal upheld.

Court Disposition

appeal upheld; development application approved

Orders

  • The appeal is upheld.
  • Development Application No N0406/09 for the demolition of an existing dwelling and the construction of 6 units for older people or people with a disability at 1 Riverview Road Avalon is approved subject to conditions in Annexure A.