Chew v Lane Cove Council [2010] NSWLEC 1256

Land and Environment Court of New South Wales

CITATION : Chew v Lane Cove Council [2010] NSWLEC 1256

APPLICANT Melvin Chew PARTIES : RESPONDENT Lane Cove Council

FILE NUMBER(S) : 10417 of 2010

CORAM: Morris C

KEY ISSUES: CONSENT ORDERS - DEVELOPMENT APPLICATION :- Views

Standard Instrument (Local Environmental Plans) Order 2006. LEGISLATION CITED: Environmental Planning and Assessment Act 1979 Lane Cove LEP 1987 Lane Cove LEP 2009

DATES OF HEARING: 13 September 2010

DATE OF JUDGMENT: 13 September 2010

EX TEMPORE JUDGMENT DATE : 13 September 2010

APPLICANT LEGAL REPRESENTATIVES: Mr P Clay, Barrister RESPONDENT Mr A Seaton, Solicitor, Marsdens.

JUDGMENT:

THE LAND AND ENVIRONMENT COURT OF NEW SOUTH WALES

Morris C

13 September 2010

10417 of 2010 Melvin Chew v Lane Cove Council

JUDGMENT 1 Commissioner: This is an appeal against conditions attached by Lane Cove Council to a development consent. The consent authorises the demolition of an existing dwelling, and the erection of a new two-storey dwelling with basement garage on a third level and swimming pool at No. 11 Kellys Esplanade, Northwood. 2 Leading up to the hearing, the applicant prepared amended plans, which reduce the height of the building, and move an ensuite component from the southern end of the building.

3 It is these amended plans that are before the court for consideration and, as shown by the joint planning report, are now considered acceptable to the council. The parties are seeking consent orders from the Court, allowing the appeal in part by approval of the amended plans.