Formston v Pittwater Council

Land and Environment Court

of New South Wales

CITATION:

Formston v Pittwater Council [2004] NSWLEC 50

PARTIES:

APPLICANTS
Katie Formston, Helen Kaminski, John MacRae and Pat MacRae

RESPONDENT
Pittwater Council

FILE NUMBER(S):

10319 of 2004

CORAM:

Nott C

KEY ISSUES:

Development Application :- Subdivision of steep land into four lots - size of lots - subject to slip - means of vehicular access - pedestrian access via an inclinator - removal of trees - visual impact - bushfire threat - threatened species

LEGISLATION CITED:

Environmental Planning and Assessment Act 1979, s 97

CASES CITED:

DATES OF HEARING:

3-7 November 2003

DATE OF JUDGMENT:

02/23/2004

LEGAL REPRESENTATIVES:

APPLICANTS
Mr C J Leggat, barrister
SOLICITORS
Wilshire Webb

RESONDENT
Ms H P Irish, barrister
SOLICITORS
Malleson Stephen Jaques

JUDGMENT:

IN THE LAND AND
ENVIRONMENT COURT
OF NEW SOUTH WALES

10319 of 2003
Nott C
23 February 2004

Katie Formston, Helen Kaminski, John MacRae and Pat MacRae
Applicants
v
Pittwater Council
Respondent

Reasons for Judgment


Overview

1 . In this appeal, the applicants seek consent for an amended development application comprising:

(1) a four-lot subdivision of a steep parcel of land presently containing three lots at Nos 29, 31 and 33 Bakers Road, Church Point;
(2) the erection of a house on new lot 4 (to be known as No 29A);
(3) the provision of three double garages and a visitor carparking space in what might be called a carparking court towards the lower level of the subject land; and
(4) the construction of a long inclinator (with its waiting stations or platforms) and a stairway , to give pedestrian access from the carparking court to three of the proposed lots on the higher part of the subject land.

2 . An earlier version of the development application had been recommended for refusal by a council town planner and by the council’s development unit. The council’s environment and planning committee resolved to refuse the application on 1 September 2003.

3 . The current amended plan of the proposed subdivision is dated 31 October 2003 (ex E) and is reproduced at par 26 below. Details of the proposed house, carparking court, access, inclinator and stairway, and of the erosion and concept stormwater controls can be seen in the amended architectural DA plans 02E and 03C (ex B), 05C and 06B (ex G), 10A to 12A (ex H), 18B (ex AD), and plan ex Z. The landscape concept plan of Mr W Ashton dated 1 November 2003 is ex F.

4 . The amended statement of issues is dated 8 October 2003. The main issues related to the size of the proposed lots and character of the locality, the steepness and stability of the land, adequacy of access, visual impact, threatened species and bushfire protection.

5 . Written or oral evidence for the applicants was given by: Ms K Formston, who is one of the applicants and a chartered architect; Mr M Green, surveyor; Mr D Fish, town planner, horticulturist and landscape designer; Mr W Ashton,…