NSW Caselaw
Land and Environment Court New South Wales
Medium Neutral Citation: Inaty v Lane Cove Municipal Council [2023] NSWLEC 1589 Hearing dates: 21-22 August 2023 Date of orders: 10 October 2023 Decision date: 10 October 2023 Jurisdiction: Class 1 Before: Horton C Decision: The Court orders that: (1) The appeal is dismissed. (2) Development consent for development application No 148/2022 for the demolition of existing structures, remediation of land and construction of a multi dwelling housing development comprising 5 units over basement parking and associated strata subdivision at 1A and 3 Bridge Street, Lane Cove, is refused. (3) All exhibits are returned except for Exhibits A, F and 3. Catchwords: DEVELOPMENT APPLICATION: multi dwelling housing development in R3 Medium Density Residential zone – remediation of land – whether tree removal is acceptable Legislation Cited: Environmental Planning Assessment Act 1979, ss 8.7, Lane Cove Local Environmental Plan 2009, cll 4.3, 4.4, 6.1A Protection of the Environment Operations (Waste) Regulation 2005, cl 50 Texts Cited: Lane Cove Development Control Plan 2010 Australian Standard AS4970-2009 'Protection of trees on development sites' Category: Principal judgment Parties: Constantine Inaty (Applicant) Lane Cove Municipal Council (Respondent) Representation: Counsel: J Smith (Applicant) A Seton (Solicitor) (Respondent)
Solicitors: McKees Legal (Applicant) Marsdens Law Group (Respondent) File Number(s): 2023/63401 Publication restriction: Nil
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