Lufi & Associates v Lane Cove Council [2004] NSWLEC 309

Land and Environment Court of New South Wales

CITATION : Lufi & Associates v Lane Cove Council [2004] NSWLEC 309 APPLICANT Lufi & Associates PARTIES : RESPONDENT Lane Cove Council FILE NUMBER(S) : 11630 of 2003 CORAM: Bly C KEY ISSUES: Costs - Development Application :- Adjournment for revised plans and renotification LEGISLATION CITED: Environmental Planning and Assessment Act 1979 Land and Environment Court Rules 2003, Pt 16 (2) CASES CITED: DATES OF HEARING: 25/05/2004 DATE OF JUDGMENT: 06/22/2004

APPLICANT Mr C Gough, solicitor SOLICITORS Storey Gough LEGAL REPRESENTATIVES: RESPONDENT Mr S Griffiths, solicitor SOLICITORS Pike Pike and Fenwick

JUDGMENT: THE LAND AND ENVIRONMENT COURT OF NEW SOUTH WALES

Bly C

22 June 2004

03/11630 Lufi & Associates v Lane Cove Council

JUDGMENT 1 This is an application for costs in relation to the appeal involving an on-site hearing and the Court's determination of DA 297/024. The development application is for additions to the front of the existing dwelling at 6 Lower Brooks Street, Linley Point, including a new glass enclosed internal stair and portico with a common pitched tile roof and an access ramp to the entrance of the dwelling.

2 The appeal was initially heard on site on 8th April 2004 when, having heard expert and neighbour's evidence the Court concluded that subject to certain changes, the proposal would be satisfactory. These changes comprise: the reduction in the size of the proposed stair enclosure, the deletion of the portico, which was to be an extension of the roof of the stair enclosure and its replacement with a lower flat roof structure. Landscaped areas are also to be provided.