NSW Caselaw
Land and Environment Court of New South Wales
CITATION : Allcastle Homes Pty Ltd v Lane Cove Council [2009] NSWLEC 1303
APPLICANT Allcastle Homes Pty Ltd PARTIES : RESPONDENT Lane Cove Council
FILE NUMBER(S) : 10347 of 2009
CORAM: Tuor C - Fakes AC
KEY ISSUES: DEVELOPMENT APPLICATION :- removal of trees and construction of a driveway, front fence and stormwater Whether retention of English Oak tree would unreasonably constrain future development of a dwelling on the site
Environmental Planning and Assessment Act 1979 LEGISLATION CITED: Lane Cove Local Environmental Plan 1987 State Environmental Planning Policy (Exempt and Complying Development Codes) 2008
DATES OF HEARING: 13 August 2009
DATE OF JUDGMENT: 16 September 2009
APPLICANT Mr K Webber, solicitor of Wilshire Webb Staunton Beattie LEGAL REPRESENTATIVES: RESPONDENT Mr A Seton, solicitor of Marsdens Lawyers
JUDGMENT: THE LAND AND ENVIRONMENT COURT OF NEW SOUTH WALES
Tuor C and Fakes AC
16 September 2009
10347 of 2009 Allcastle Homes Pty Ltd v Lane Cove Council
JUDGMENT 1 COMMISSIONERS: This is an appeal against conditions of consent granted under delegated authority by Lane Cove Council (the council) for a development application (D55/09) at 7 Christina Street, Longueville (the site).
2 The development application proposed removal of trees, including a Quercus robur (English Oak tree), construction of a driveway, front boundary fence and connection of stormwater to the street drainage system.
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