Sabharwal v Lane Cove Council [2023] NSWLEC 1022

Land and Environment Court New South Wales

Medium Neutral Citation: Sabharwal v Lane Cove Council [2023] NSWLEC 1022 Hearing dates: 19-20 December 2022 Date of orders: 18 January 2023 Decision date: 18 January 2023 Jurisdiction: Class 1 Before: Bish C Decision: The Court orders: (1) Leave is granted to rely on plans described in condition A.1 of Annexure A. (2) The appeal is upheld. (3) Development Application DA48/2022 which seeks a rooftop terrace with lift access on Lot 6 in Deposited Plan 6768, also known as 19 Upper Cliff Road, Northwood is determined by the grant of consent, subject to conditions in Annexure A. (4) All exhibits are returned. Catchwords: DEVELOPMENT APPLICATION – amendments to deferred commencement condition of existing consent – rooftop terrace with accessible lift – acoustic and visual privacy amenity considerations Legislation Cited: Environmental Planning and Assessment Act 1979, ss 3.42, 4.15, 4.16, 8.7 Environmental Planning and Assessment Regulation 2021, ss 23, 38 Land and Environment Court Act 1979, s34AA Lane Cove Local Environmental Plan 2009, cll 1.2, 2.3 Protection of the Environment Operations Act 1997 Cases Cited: Zhang v Canterbury Council (2001) 51 NSWLR 589; [2001] NSWCA 167 Texts Cited: Lane Cove Development Control Plan 2010 Noise Guide for Local Government, NSW EPA 2013 Category: Principal judgment Parties: Sachin Sabharwal (Applicant) Lane Cove Council (Respondent) Representation: Counsel: J Farrell (Applicant) A Seton (Solicitor) (Respondent)