Tesrol v Lane Cove Council [2007] NSWLEC 156

Land and Environment Court of New South Wales

CITATION : Tesrol v Lane Cove Council [2007] NSWLEC 156

APPLICANT Tesrol Greenwich Pty Limited PARTIES : RESPONDENT Lane Cove Council

FILE NUMBER(S) : 10779 of 2006

CORAM: Brown C

KEY ISSUES: Development Application :- subdivision and demolition of structures

LEGISLATION CITED: Environmental Planning and Assessment Act 1979 Lane Cove Local Environmental Plan 1987.

DATES OF HEARING: 14/03/2007

DATE OF JUDGMENT: 15 March 2007

APPLICANT Mr C. McEwen SC SOLICITORS Mallesons Stephen Jaques LEGAL REPRESENTATIVES:

RESPONDENT Mr S. Griffiths, solicitor SOLICITORS Pike Pike and Fenwick

JUDGMENT: THE LAND AND ENVIRONMENT COURT OF NEW SOUTH WALES

Brown C

15 March 2007

10779 of 2006 Tesrol Greenwich Pty Limited v Lane Cove Council

JUDGMENT 1 COMMISSIONER: This is an appeal against conditions imposed by Lane Cove Council (the council) on DA 225/05 for the subdivision and demolition of some structures at 33 Greenwich Road, Greenwich (the site).

The site 2 The site comprises Lot A in DP 390819. It has an approximate frontage of 102 m to River Road and an approximate frontage of 75 m to Greenwich Road. The southern property boundary is approximately 132 m and the western property boundary is approximately 73 m giving a total site area of 8,505 sq m. The western portion of the site is affected by Right of Carriageway off River Road that ranges in width from 7.4 m at the street boundary to 4.47 m at the southern boundary. 3 The site contains two main buildings on the eastern portion of the site. o a four-storey building of red brick construction with a concrete roof terrace and an adjoining single storey workshop building with a metal roof. The building is used for student accommodation. o a single storey church dwelling constructed of rendered brick with a tile roof. 4 Other features of the site include a concrete car park with off-street car parking for 15 cars, an inground swimming pool, small storage shed, 2 tennis courts, concrete barbecue area and landscaped gardens including a number of trees. The proposal 5 The proposal is to subdivide the site into 7 lots using the Right of Carriageway at the western boundary for access to the new residential lots. Access to the student accommodation is to remain unchanged and separate from the residential lots.