Pikes & Verekers Lawyers successfully represented an applicant in proceedings against Pittwater Council in obtaining consent to build an $8M home, architecturally designed by Olson Kundig Architects, which proposed consolidation of two residential lots located at Bilgola on Sydney’s Northern Beaches. 

Council argued that the proposal (a large L-shaped building spanning across two lots) was uncharacteristic for the area, and contrary to the established beach bungalow style housing and subdivision pattern which featured generous side setbacks, providing views between the boundaries, to the beach.

Council submitted that as amalgamation of the two lots was not “subdivision” as defined under section 4 of  the Environmental Planning and Assessment Act 1979, then the individual setbacks and building envelope controls  applicable, should apply to the two individual lots, i.e. the pattern of generous side setbacks between the lots, should be maintained.  Of particular significance was that whilst Pittwater Local Environmental Plan specifically made provision for minimum lot sizes for subdivision, it did not expressly prohibit amalgamation of lots by specifying a maximum lot size. The Commissioner found this fact fatal to the Council’s case as the applicant’s proposal across the consolidated lot complied with the stated minimum lot size in the Pittwater LEP, and all other relevant built form controls in terms of height and setbacks.

Consequently, the Court ultimately found that the built form, whilst architecturally different, was consistent with Council’s controls, including its character statement for the Bilgola Beach location.