Land and Environment Court
of New South Wales
CITATION: Tenacity Consulting Pty Ltd v Warringah Council [2004] NSWLEC 268 PARTIES: APPLICANT
RESPONDENT
Tenacity Consulting Pty Ltd
Warringah CouncilFILE NUMBER(S): 11415 of 2003 CORAM: Hussey C KEY ISSUES: :- Apartment buildings - consistency with desired future character - compliance with built forms - streetscape impact - internal amenity - public interest
LEGISLATION CITED: Environmental Planning and Assessment Act
Warringah LEP 2000
SEPP 65CASES CITED: DATES OF HEARING: 14/04/04-15/04/04 DATE OF JUDGMENT: 05/31/2004 LEGAL REPRESENTATIVES:
APPLICANT
Mr J Robson, barrister
SOLICITOR
Landerer & CompanyRESPONDENT
Mr G Newport, barrister
SOLICITOR
Wilshire Webb
JUDGMENT:
- consistency with the design future character statement,
- compliance with built form controls,
- streetscape impacts/overbearing,
- internal amenity,
- impact on adjoining properties.
11415 of 2003 Hussey C 31 May 2004IN THE LAND AND
ENVIRONMENT COURT
OF NEW SOUTH WALES
v Warringah CouncilTenacity Consulting Pty Ltd
Applicant
Respondent Judgment
Introduction
2. For the appeal, the following issues were identified:1. This appeal is against councils refusal of a development application for two apartment buildings above basement parking, containing 49 units, in Pacific Parade, Dee Why.
The site
3. The subject property is known as 19 – 21 Pacific Parade and 14 Sturdee Parade, Dee Why. It is described as Lots 4, 5 and 27 of Section E in DP 8270. It comprises three similar sized lots forming an "L" shape within the block bounded by Pacific, Sturdee Parade and Pittwater Road. Details of the site are shown in Attachment 1.
4. The site has a frontage of 30.48 m to Pacific Parade and 15.24 m to Sturdee Parade. The total site area is 2048 m2. There is a fall from the southern to the northern boundary of approximately 4 m.
5. The surrounding area is characterised by a mix of detached dwelling houses, residential flat buildings and commercial development. The land adjoining to the southwest forms part of the site containing the Dee Why Hotel. It currently contains a bottle shop and car park.
6. On the eastern side of the site is a childcare centre, which is owned by Warringah Council. This building has its main frontage to Pacific Parade and a rear frontage to Sturdee Parade, which is an open parking area.
7. Further to the east at 31 – 37 Pacific Parade and 24 – 26 Sturdee Parade, an apartment development including buildings up to 7 stories and containing 74 units has recently been completed. Also recently completed is a 41 unit development at 28 – 32 Sturdee Parade, which is designed to be integrated with the aforementioned development and is collectively known as the "IPM" development.
8. On the opposite side of Pacific Parade there is a mix of commercial buildings, residential flat buildings and dwelling houses.
9. This proposal involves the demolition of the two existing dwellings on the site and the construction of the following 49 apartments:The proposal
- - 3-storey apartment building containing 6 units adjacent to Pacific Parade. This building…
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- Case
- [2004] NSWLEC 268
- Decision Date
CaseChat Overview and Summary
In summary, the court found that the proposal for two apartment buildings above basement parking, containing 49 units, in Pacific Parade, Dee Why, was consistent with the desired future character for E8 and satisfied the relevant SEPP 65 design principles. The court granted the appeal and development consent, subject to conditions in Annexure A. The court found that the proposal was for a development of good quality and would set a good precedent in terms of implementing the pattern of development advocated in the diagrams accompanying the relevant section of WLEP 2000.
Orders
Orders of the court
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Background
Background to the litigation
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Evidence
Evidence Before The Court
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Decision
Reasons for decision
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Ratio Decidendi
Legal Principle Established
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