G K Morgan Investments P/L v Lane Cove C [2005] NSWLEC 163

Land and Environment Court of New South Wales

CITATION : G K Morgan Investments P/L v Lane Cove C [2005] NSWLEC 163

APPLICANT G K Morgan Investments Pty Limited

PARTIES : RESPONDENT Lane Cove Council

FILE NUMBER(S) : 11085 of 2004

CORAM: Bly C

Development Application :- Alterations and additions to existing dwelling - subdivision into two lots - two storey detached dwelling - zone objections - character and heritage - setbacks - tree removal and landscaping. KEY ISSUES:

Lane Cove Local Environmental Plan 1987 LEGISLATION CITED: Lane Cove Residential Zones Development Control Plan Environmental Planning and Assessment Act 1979

DATES OF HEARING: 6 & 7/04/05

DATE OF JUDGMENT: 04/21/2005

APPLICANT Mr J Cole, solicitor of Abbott Tout

LEGAL REPRESENTATIVES:

RESPONDENT Mr S Griffiths, solicitor of Pike Pike & Fenwick

JUDGMENT:

THE LAND AND ENVIRONMENT COURT OF NEW SOUTH WALES

Bly C

21 April 2005

11085 of 2004 G K Morgan Investments Pty Limited v Lane Cove Council JUDGMENT 1 This appeal is against Lane Cove Council's deemed refusal of development application No D18/04 ("the proposal") involving the property known as 88 Northwood Road, Northwood. The site has a total area of 1347 sq m and has frontages to Northwood Road, Cliff Road and Eva Street. 2 More particularly the proposal comprises: - Alterations and additions to the existing detached dwelling house ("the existing house") - The subdivision of the site ("the site") into two Torrens title lots ("the subdivision") - The construction of a new one and two-storey detached dwelling house on the resulting new lot ("the new house")