Hoang v Lane Cove [2007] NSWLEC 590

Land and Environment Court of New South Wales

CITATION : Hoang v Lane Cove [2007] NSWLEC 590

APPLICANT Hoang PARTIES : RESPONDENT Lane Cove

FILE NUMBER(S) : 10532 of 2007

CORAM: Bly C

KEY ISSUES: Appeal :- Ornamental pond in front setback area, landscaping and streetscape.

Environmental Planning and Assessment Act 1979 LEGISLATION CITED: Lane Cove Local Environmental Plan 1987 Lane Cove Code for Dwelling Houses, Fences, Private Swimming Pools and Outbuildings

DATES OF HEARING: 14/09/2007

EX TEMPORE JUDGMENT DATE : 14 September 2007

APPLICANT Mr M Van Hoang, litigant in person

LEGAL REPRESENTATIVES: RESPONDENT Ms J. Walsh, solicitor of Pike Pike and Fenwick

JUDGMENT: THE LAND AND ENVIRONMENT COURT OF NEW SOUTH WALES

Bly C

14 September 2007

10532 of 2007 Hoang v Lane Cove Council

JUDGMENT 1 The existing almost completed three-storey dwelling house at 8 Kimberley Ave., Lane Cove is, by comparison with most of its traditional brick and tile neighbours, a modern, parapet style rendered building. According to the approved plans the front setback area of about 7.6 metres, excluding the driveway to the garage and the access steps is occupied by an elevated terrace and what is described as a front landscaped garden. That garden area occupies about half of the width of the site.

2 The applicant now proposes to develop much of this garden area with an ornamental fish pond having overall dimensions of about 6.5 metres by 4.5 metres. The two levels are separated by a 4.5 metre wide "waterfall" that has a fall of about 500 millilitres. In part at least the structure associated with the proposal has been constructed essentially in accordance with walls shown on the approved plans. The pond structure is to be positioned 900 millilitres from the southern side boundary of the site and at 1.1 metres away from the front boundary. The proposed water pump is to be located under the existing front porch.