McDermott v Lane Cove Council [2007] NSWLEC 47

Land and Environment Court of New South Wales

CITATION : McDermott v Lane Cove Council [2007] NSWLEC 47

Applicant: Nicole McDermott PARTIES : Respondent: Lane Cove Council

FILE NUMBER(S) : 10828 of 2006

CORAM: Roseth SC

KEY ISSUES: Development Application :- view impact; fitting in with adjoining local heritage items

DATES OF HEARING: 14/12/2006, 02/02/2007

DATE OF JUDGMENT: 7 February 2007

Apoplicant: LEGAL REPRESENTATIVES: Mr G McKee, solicitor of McKees Solicitors Respondent: Mr S Griffith, solicitor of Pike Pike & Fenwick

JUDGMENT: THE LAND AND ENVIRONMENT COURT OF NEW SOUTH WALES

Roseth SC

7 February 2007

10828 of 2006 Nicole McDermott v Lane Cove Council

JUDGMENT 1 Senior Commissioner: This is an appeal against the deemed refusal by Lane Cove Council (the council) of a development application to demolish the existing dwelling and construct a new two-storey dwelling and a swimming pool on lot 3 DP 408922, known as 83 William Edward Street, Longueville.

The site 2 The site is on the west side of William Edward Street, between Borambil and Cowper Streets. Its area is 950m2. A house now stands on it. It lies between Nos 81 and 85, two properties that are listed as local heritage items. The surrounding development is mainly single dwellings.

The proposal and its history 3 The applicant proposes to demolish the existing house on the site and to construct a new two-storey house with a swimming pool. The house is long and narrow, and designed in contemporary style, with vertically sliding screens. The roof is covered by grass. 4 The applicant lodged the application in March 2006. Following notification and the receipt of objections, the applicant amended the plans. Following re-notification, the council received six submissions. The applicant filed the appeal in September 2006.