Meers v Pittwater C

[2006] NSWLEC 493

Land and Environment Court

of New South Wales

CITATION:

Meers v Pittwater C [2006] NSWLEC 493

PARTIES:

APPLICANT
Nelson Meers

RESPONDENT
Pittwater Council

FILE NUMBER(S):

11435 of 2005

CORAM:

Tuor C

KEY ISSUES:

Development Application :- Consent Orders for a tennis court.

LEGISLATION CITED:

Environmental Planning and Assessment Act 1979

DATES OF HEARING:

30/05/2006

EX TEMPORE JUDGMENT DATE:

05/30/2006

LEGAL REPRESENTATIVES:

APPLICANT
Mr S Kondilios, solicitor
of Maddocks Lawyers

RESPONDENT
Mr M Jaku, solicitor
of Mallesons Stephen Jaques

JUDGMENT:

THE LAND AND
ENVIRONMENT COURT
OF NEW SOUTH WALES

Tuor C

30 May 2006

11435 of 2005 Nelson Meers v Pittwater Council

JUDGMENT

1 This is an appeal against a refusal by Pittwater Council (the council) of a development application for a tennis court at 8 Narla Road, Bayview (the site). The parties are seeking consent orders from the Court.

2 The issues, as set out in the amended Statement of Issues, have been resolved by an amendment to the original application. The amended plans move the location of the tennis courts closer to the house thereby retaining more trees and landscaping with less change to the topography of the site.

3 The Court-appointed expert, Dr Robertson, has reviewed the amended proposal and considers its impacts to be acceptable. The proposal does not comply with the numerical requirements for site cover in Pittwater Development Control Plan 21(DCP 21). However, council and the Court-appointed expert are satisfied that the proposal meets the objectives of this control.

4 On this basis I am satisfied that the issues between the parties have been resolved and that the consent orders sought by the parties can be issued.

5 The Orders of the Court by consent are:

1. The appeal is upheld.

2. The development application (479/05) for a tennis court at 8 Narla Road, Bayview, is approved subject to the conditions in Annexure A

3. The exhibits may be returned, except for Exhibits 2, A and B.

________________________

Annelise Tuor
Commissioner of the Court
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