Gatacre LC Pty Ltd v Lane Cove Council [2023] NSWLEC 35

Land and Environment Court New South Wales

Medium Neutral Citation: Gatacre LC Pty Ltd v Lane Cove Council [2023] NSWLEC 35 Hearing dates: 16 August, 29 and 30 November, 1 and 2 December 2022 and 10 January 2023 Date of orders: 13 July 2023 Decision date: 13 July 2023 Jurisdiction: Class 1 Before: Moore J Decision: See orders at [266] Catchwords: DEVELOPMENT APPEAL ‑ proposed residential apartment building in R4 zone at interface with R2 zone ‑ steeply sloping topography ‑ development site at the top of the slope ‑ visual impact on immediately adjacent residences ‑ visual impact on immediately adjacent residences unacceptable ‑ setback from site of adjacent approved boarding house in R4 zone ‑ setback from site of adjacent approved boarding house in R4 zone unacceptable ‑ extent of proposed excavation adjacent to boarding‑house site combined with reduced setback inadequate for proposed landscaping ‑ proposed landscaping adjacent to boarding‑house site combined with extent of excavation results in unacceptable amenity impacts on a number of proposed apartments ‑ multiple separate reasons to refuse development consent ‑ appeal dismissed ‑ development consent refused Legislation Cited: Apartment Design Guide Environmental Planning and Assessment Act 1979, s 4.15(3A) Land and Environment Court Act 1979, ss 34 and 38(2) Land and Environment Court Rules 2007, r 3.7 Lane Cove Local Environmental Plan 2009, Land Use Table and cll 4.3 and 4.6 Lane Cove Development Control Plan 2010, Parts C and J State Environmental Planning Policy 65 ‑ Design Quality of Residential Apartment Development, cll 6A and 30 and Sch 1 Cases Cited: Australian Protein Recyclers Pty Limited v Goulburn Mulwaree Shire Council [2006] NSWLEC 641 Botany Bay City Council v Premier Customs Services Pty Ltd (2009) 172 LGERA 338; [2009] NSWCA 226 Initial Action Pty Ltd v Woollahra Municipal Council (2018) 236 LGERA 256; [2018] NSWLEC 118 Manzie v Willoughby City Council [1996] LEC 26 Rebel MH Neutral Bay Pty Ltd v North Sydney Council [2019] NSWCA 130 Rebel MH Neutral Bay Pty Ltd v North Sydney Council [2018] NSWLEC 191 Stannards Marine Pty Ltd v North Sydney Council [2022] NSWLEC 99 Tuite v Wingecarribee Shire Council (No 2) [2008] NSWLEC 321 Zhang v Canterbury City Council (2001) 51 NSWLR 589; [2001] NSWCA 167 Category: Principal judgment Parties: Gatacre LC Pty Ltd (Applicant) Lane Cove Council (Respondent) Representation: Counsel: Mr M Staunton/Mr J Farrell (Applicant) Ms K Gerathy, solicitor (Respondent)