Throsby v Pittwater Council

Land and Environment Court New South Wales Medium Neutral Citation: Throsby & anor v Pittwater Council [2015] NSWLEC 1471 Hearing dates:6, 7 and 21 October 2015Date of orders: 20 November 2015 Decision date: 20 November 2015 Jurisdiction:Class 1Before: Fakes C Decision: 1. Appeal upheld.2. Development Application N0073/15 for the demolition of existing structures and construction of a new dwelling and landscaping works, including the amalgamation of two existing lots into one new lot at 7-9 Allen Avenue, Bilgola Beach is approved subject to the Conditions of Consent attached as Annexure A. Catchwords: DEVELOPMENT APPLICATION: Lot amalgamation; dwelling house; visual bulk and scale; compatibility with local character; impact on views Legislation Cited: Environmental Planning and Assessment Act 1979 Land and Environment Court Act 1979 State Environmental Planning Policy No 71 – Coastal Protection Pittwater Local Environmental Plan 2014 Cases Cited: Architects Marshall v Lake Macquarie City Council [2005] NSWLEC 78 Tenacity Consulting v Warringah Shire Council [2004] NSWLEC 140 Category:Principal judgmentParties: Tim and Helen Throsby (Applicants) Pittwater Council (Respondent) Representation: Counsel: Mr P Tomasetti SC, Ms A Hemmings (Applicants) Ms H Irish (Respondent)   Solicitors: Pikes & Verekers Lawyers (Applicants) King & Wood Mallesons (Respondent) File Number(s):10496 of 2015Judgment COMMISSIONER:   The applicants appeal Pittwater Council’s refusal of Development Application N0073/15 for the following development at 7-9 Allen Avenue, Bilgola Beach (the site): Amalgamation of two residential lots, The demolition of all existing structures across the two lots, Removal of trees, and Construction of a part one, part two storey dwelling house with...