Altis Bulky Retail Pty Ltd v Lane Cove Municipal Council [2024] NSWLEC 1619

Land and Environment Court New South Wales

Medium Neutral Citation: Altis Bulky Retail Pty Ltd v Lane Cove Municipal Council [2024] NSWLEC 1619 Hearing dates: 27-28 June 2024, written submissions on conditions received 11 July 2024. Date of orders: 04 October 2024 Decision date: 04 October 2024 Jurisdiction: Class 1 Before: Porter C Decision: The Court orders: (1) The appeal is dismissed. (2) Development Application No. 155/2022 for the demolition of existing structures, tree removal, construction of a part 11, part 12 storey mixed use development across two buildings containing a total of 130 apartments, a centre-based child care facility shell, community facility, basement parking for 183 vehicles and associated earthworks and landscaping at 12-20 Berry Road and 11-19 Holdsworth Avenue, St Leonards is determined by refusal of consent. (3) The exhibits are returned except for 1, 2, 3, 4 and A. Catchwords: DEVELOPMENT APPEAL – mixed use development – incentive provisions – preconditions – recreation area – consistency of documentation – design excellence Legislation Cited: Environmental Planning and Assessment Act 1979 s 4.15, 7.4, 8.7 Lane Cove Local Environmental Plan 2009, cl 7.1, 7.2, 7.3, 7.4, 7.5, 7.6 State Environmental Planning Policy (Housing) 2021 Cases Cited: Australian Protein Recyclers Pty Limited v Goulburn Mulwaree Shire Council [2006] NSWLEC 641 Texts Cited: Apartment Design Guide 2015 Lane Cove Development Control Plan 2010 Child Care Planning Guideline 2021 Category: Principal judgment Parties: Altis Bulky Retail Pty Ltd (Applicant) Lane Cove Municipal Council (Respondent) Representation: Counsel: A Galasso SC (Applicant) A Seton (Solicitor) (Respondent)