Freedom Development Group Pty Ltd v Lane Cove Municipal Council [2021] NSWLEC 1416

Land and Environment Court New South Wales

Medium Neutral Citation: Freedom Development Group Pty Ltd v Lane Cove Municipal Council [2021] NSWLEC 1416 Hearing dates: Conciliation conference on 14 July 2021 Date of orders: 23 July 2021 Decision date: 23 July 2021 Jurisdiction: Class 1 Before: Dickson C Decision: The Court orders that: (1) The Applicant is granted leave to rely on amended plans and materials as follows: (a) The amended architectural plans prepared by Urban Link as referenced in Condition 1 of Annexure A; (b) Amended landscape plans prepared by Melissa Wilson Landscape Architects as referenced in Condition 1 of Annexure A; (c) The Waste Management Plan prepared by Dickens Solutions dated June 2021; and (d) BASIX certificate No. 1112919M_02 dated 13 April 2021 prepared by Max Brightwell. (2) The appeal is upheld. (3) Development consent is granted to development application 91/2020 for demolition of existing structures, removal of 11 trees and vegetation and construction of a 4 storey boarding house containing 34 double rooms (including 3 accessible rooms and 1 manager's room), 1 communal living room and communal open space over 1 level of basement car parking containing 9 parking spaces (including 4 car share and 1 accessible space), 8 motorcycle spaces and 8 bicycle spaces and associated landscaping and stormwater works on the land at 28 Longueville Road, Lane Cove (being Lot 1 DP 1055994). Catchwords: DEVELOPMENT APPLICATION – boarding house – amended plans – conciliation conference – agreement reached – orders made Legislation Cited: Environmental Planning and Assessment Act 1979, ss 4.15, 4.16, 8.7 Environmental Planning and Assessment Regulation 2000 Land and Environment Court Act 1979, s 34 Lane Cove Local Environmental Plan 2009, cll 4.3, 4.4, 6.1, 6.1A State Environmental Planning Policy (Affordable Rental Housing) 2009, cll 29, 30, 30A State Environmental Planning Policy (Building Sustainability Index: BASIX) 2004 State Environmental Planning Policy (Infrastructure) 2007, cl 104, Schedule 3 Category: Principal judgment Parties: Freedom Development Group Pty Ltd (Applicant) Lane Cove Municipal Council (Respondent) Representation: Counsel: V Conomos (Solicitor) (Applicant) J Corradini-Bird (Solicitor) (Respondent)