Retire Australia (Lane Cove) Pty Ltd v Lane Cove Municipal Council No.2 [2025] NSWLEC 1112

Land and Environment Court New South Wales

Medium Neutral Citation: Retire Australia (Lane Cove) Pty Ltd v Lane Cove Municipal Council No.2 [2025] NSWLEC 1112 Hearing dates: 11-15 November 2024 Date of orders: 26 February 2025 Decision date: 26 February 2025 Jurisdiction: Class 1 Before: Horton C Decision: The Court orders that: (1) The Applicant is to pay the Respondent's costs thrown away as agreed or assessed, in accordance with s 8.15(3) of the Environmental Planning and Assessment Act 1979. (2) The appeal is upheld. (3) Development Application No DA134/2022 for demolition of existing buildings; construction of 42 independent living units in two buildings, joined by ground level and podium level communal open space; with reception area drop off and pick up area and entry to the basement directly from Caroline Chisholm Lane; basement amenities; and associated landscaping works at 40A Cope Street, Lane Cove is determined by the grant of consent, subject to conditions of consent at Annexure A. (4) All Exhibits are returned, except for Exhibits A, F, K, L, N and 2 Catchwords: DEVELOPMENT APPLICATION: seniors living development in R4 High Density Residential zone – conditions of consent amended Legislation Cited: Conveyancing Act 1919, s 88E Environmental Planning and Assessment Act 1979, ss 4.16, 8.15 State Environmental Planning Policy (Housing) 2021, s 88 State Environmental Planning Policy (Biodiversity and Conservation) 2021 Category: Principal judgment Parties: Retire Australia (Lane Cove) Pty Ltd (Applicant) Lane Cove Municipal Council (Respondent) Representation: Counsel: M Astill (Applicant) T To (Respondent)