Racine and or v Lane Cove Council [2007] NSWLEC 589

Land and Environment Court of New South Wales

CITATION : Racine and or v Lane Cove Council [2007] NSWLEC 589

APPLICANT Martin Marcel Racine and Christine Jane Wallace PARTIES : RESPONDENT Lane Cove Council

FILE NUMBER(S) : 10461 of 2007

CORAM: Brown C

KEY ISSUES: Development Application :- demolition of an existing garage and an existing inground swimming pool to allow for the resubdivision of 2 lots into 3 lots - consistency with zone objective - character of area - amenity impacts

LEGISLATION CITED: Environmental Planning and Assessment Act 1979 Lane Cove Local Environmental Plan 1987

DATES OF HEARING: 13/09/07

EX TEMPORE JUDGMENT DATE : 13 September 2007

APPLICANT Mr D Wilson, barrister SOLICITORS Abelitis Solicitors LEGAL REPRESENTATIVES: RESPONDENT Mr S Griffiths, solicitor SOLICITORS Pike Pike and Fenwick

JUDGMENT: THE LAND AND ENVIRONMENT COURT OF NEW SOUTH WALES

Brown C

13 September 2007

10461 of 2007 Martin Marcel Racine and Christine Jane Wallace v Lane Cove Council

JUDGMENT 1 COMMISSIONER: The proceedings were set down as a Preliminary Conference under s 34 of the Land and Environment Court Act 1979 (LEC Act) to be heard on site on 13 September 2007. No agreement was reached between the parties as to the terms of a decision that would be acceptable to both parties in accordance with s 34(3)(a) of the LEC Act. The parties however consented to the disposal of proceedings without a further hearing in accordance with s 34(3)(b)(ii) of the LEC Act. The judgement provides the reasons for the decision reached on site and details contained within the Statement of Facts and Contentions.