Staldone Rosedale Pty Ltd v Lane Cove Council [2020] NSWLEC 1532

Land and Environment Court New South Wales

Medium Neutral Citation: Staldone Rosedale Pty Ltd v Lane Cove Council [2020] NSWLEC 1532 Hearing dates: 6-7 October 2020 Date of orders: 3 November 2020 Decision date: 03 November 2020 Jurisdiction: Class 1 Before: Horton C Decision: The Court orders that: (1) The Applicant is granted leave to amend the application and rely upon amended plans and other documents marked Exhibit H. (2) The appeal is upheld. (3) Development consent for Development Application No. DA105/2019 seeking consent for the demolition of existing structures and construction of a 6-storey boarding house containing 26 double boarding rooms (including 2 accessible rooms), 1 managers dwelling, 1 communal living room, communal open space, 2 bicycle lockers and 4 bicycle racks over 1 level of basement car parking containing 12 car parking spaces (including 1 accessible space and 1 small car space) and 6 motorcycle spaces and associated landscaping at No 47 Mindarie Street, Lane Cove is granted, subject to Conditions at Annexure A. (4) All Exhibits are returned, except for Exhibits A and H. Catchwords: DEVELOPMENT APPEAL – boarding house development – R4 High Density Residential zone – whether compatible with the character of the local area – site isolation – clause 4.6 written request – exceedance of height control Legislation Cited: Environmental Planning and Assessment Act 1979 Land and Environment court Act 1979 Lane Cove Local Environmental Plan 2009 State Environmental Planning Policy (Affordable Rental Housing) 2009 State Environmental Planning Policy No 65—Design Quality of Residential Apartment Development Cases Cited: 193 Liverpool Road Pty Ltd v Inner West Council [2017] NSWLEC 13 Boyce v Inner West Council [2019] NSWLEC 1521 Cornerstone Property Group Pty Ltd v Warringah Council (2004) 139 LGERA 245; [2004] NSWLEC 189 Initial Action Pty Ltd v Woollahra Municipal Council (2018) 236 LGERA 256; [2018] NSWLEC 118 Parker Logan Property Pty Ltd v Inner West Council [2018] NSWLEC 1339 Project Venture Developments v Pittwater Council (2005) 141 LGERA 80; [2005] NSWLEC 191 Texts Cited: Apartment Design Guide Land and Environment Court of New South Wales, COVID-19 Pandemic Arrangements Policy, (March 2020) Land and Environment Court of New South Wales, COVID-19 Pandemic Arrangements Policy, (July 2020) Lane Cove Development Control Plan 2010 NSW Department of Planning, Industry and Environment, Planning Circular PS 20-002 Category: Principal judgment Parties: Staldone Rosedale Pty Ltd (Applicant) Lane Cove Council (Respondent) Representation: Counsel: M Staunton (Applicant) A Seton (Solicitor) (Respondent)