Vatera Pty Ltd v Lane Cove Council [2021] NSWLEC 1130

Land and Environment Court New South Wales

Medium Neutral Citation: Vatera Pty Ltd v Lane Cove Council [2021] NSWLEC 1130 Hearing dates: 10, 11 December 2020 and 25 January 2021 Date of orders: 15 March 2021 Decision date: 15 March 2021 Jurisdiction: Class 1 Before: Walsh C Decision: The orders of the Court are: (1) The written request seeking to justify contravention of the applicable height of building standard is not upheld. (2) The appeal is dismissed. (3) DA14/2018 for construction of a five storey mixed-use development and associated works at 38-42 Burns Bay Road Lane Cove is refused. (4) The exhibits are returned with the exception of exhibits A-F, L-P and 1. Catchwords: DEVELOPMENT APPLICATION – mixed use development – contravention of height of building standard – whether compliance is unreasonable or unnecessary in the circumstances of the case – whether proposed development in the public interest because it is consistent with the objectives of the particular standard Legislation Cited: Environmental Planning and Assessment Act 1979 Land and Environment Court Act 1979 Lane Cove Local Environmental Plan 2009 Cases Cited: Antoniou v Bayside Council [2018] NSWLEC 1584 Baron Corporation Pty Limited v Council of the City of Sydney (2019) 243 LGERA 338; [2019] NSWLEC 61 Tuite v Wingecarribee Shire Council (No 2) [2008] NSWLEC 321 Wehbe v Pittwater Council (2007) 156 LGERA 446; [2007] NSWLEC 827 Woodford Australia Pty Ltd v Lane Cove Council [2013] NSWLEC 1193 Texts Cited: Land and Environment Court, COVID-19 Pandemic Arrangements Policy (July 2020) Lane Cove Development Control Plan 2010 Category: Principal judgment Parties: Vatera Pty Ltd (Applicant) Lane Cove Council (Respondent) Representation: Counsel: M Staunton (Applicant) A Seton (Solicitor) (Respondent)