T & E Cimino Holdings Pty Limited v Pittwater Council [2004] NSWLEC 634

T & E Cimino Holdings Pty Limited v Pittwater Council [2004] NSWLEC 634

The proposal fails to comply with both the site density and solar access requirements of DCP 21, and the justifications provided for variations do not sufficiently address the standards' objectives or outcomes. Approval would undermine the functionality and viability of the Newport centre and set an undesirable precedent.

Parties
Applicant: T & E Cimino Holdings Pty Limited; Respondent: Pittwater Council
Jurisdiction
Australia
Judgment Date
15 November 2004
Procedural Posture
Appeal / Final Judgment
Outcome
appeal dismissed
Legal Topics
Development Control Plan, Site Density, Solar Access, Shop Top Housing, Variation of Standards
Planning and Environment Development Control Plan Site Density Solar Access Shop Top Housing Variation of Standards

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Parties

T & E Cimino Holdings Pty Limited

Applicant

Pittwater Council

Respondent

Procedural Posture

Appeal / Final Judgment

Legal Issues

  1. 1 Whether the proposal complies with the site density requirement of DCP 21
  2. 2 Whether the proposal provides adequate and appropriate solar access in accordance with DCP 21

Ratio Decidendi

The proposal fails to comply with both the site density and solar access requirements of DCP 21, and the justifications provided for variations do not sufficiently address the standards' objectives or outcomes. Approval would undermine the functionality and viability of the Newport centre and set an undesirable precedent.

Court Disposition

appeal dismissed

Orders

  • The appeal is dismissed.
  • Development application No 705/02 is refused.