Catalina Island Pty Limited v Pittwater Council

Land and Environment Court New South Wales Medium Neutral Citation: Catalina Island Pty Limited v Pittwater Council [2014] NSWLEC 1125 Hearing dates:16 and 17 June 2014Decision date: 27 June 2014 Jurisdiction:Class 1Before: Moore SC Decision: (1)The appeal is dismissed;(2)Development Application N0001/14 for construction of eight apartments pursuant to State Environmental Planning Policy (Housing for Seniors and Persons with a Disability) 2004 is determined by the refusal of development consent; and(3)The exhibits, other than Exhibit 4, are returned. Catchwords: DEVELOPMENT APPLICATION: flood risk; access to safe refuge; control in Development Control Plan; acceptability of alternatives; proposed development one for Housing for Seniors or People with a Disability Legislation Cited: Environmental Planning and Assessment Act 1979 Land and Environment Court Act 1979 State Environmental Planning Policy (Housing for Seniors or People with a Disability) 2004Pittwater Local Environmental Plan 1993 Cases Cited: Botany Bay City Council v Premier Customs Services Pty Ltd [2009] NSWCA 226; (2009) 172 LGERA 338 North Sydney Council v Michael Standley and Associates Pty Limited (1998) 97 LGERA 433 Stockland Development Pty Ltd v Manly Council [2004] NSWLEC 492 Zhang v Canterbury City Council [2001] NSWCA 167, (2001) 51 NSWLR 589 Category:Principal judgmentParties: Catalina Island Pty Limited (Applicant) Pittwater Council (Respondent) Representation: Ms F Berglund, barrister (Applicant) Mr A Stafford, barrister (Respondent) N/A (Applicant) King and Wood Mallesons (Respondent) File Number(s):10074 of 2014 JudgmentIntroductionSENIOR COMMISSIONER: At North Avalon, on Sydney's northern beaches, the cliff line from the northern end of Avalon Beach to Bangally Headland and the ridge running...