NSW Caselaw
Land and Environment Court of New South Wales
CITATION : Fite and Anor v Lane Cove Council [2008] NSWLEC 85
Applicants: David Fite and Danita Lowes PARTIES : Respondent: Lane Cove Council
FILE NUMBER(S) : 10881 of 2007
CORAM: Roseth SC
KEY ISSUES: Development Application :- demolition of local heritage item
LEGISLATION CITED: Lane Cove Local Environmental Plan 1987
DATES OF HEARING: 30/01/2008, 31/01/2008 and 01/02/2008
DATE OF JUDGMENT: 26 February 2008
Applicant: LEGAL REPRESENTATIVES: Mr T Robertson SC instructed by Mr J Cole, solicitor of HWL Lawyers Respondent: Mr S Griffiths, solicitor of Pike Pike & Fenwick
JUDGMENT: THE LAND AND ENVIRONMENT COURT OF NEW SOUTH WALES
Roseth SC
26 February 2008
10881 of 2007 David Fite and Danita Lowes v Lane Cove Council
JUDGMENT 1 Senior Commissioner: This is an appeal against the refusal by Lane Cove Council of an application to demolish the existing buildings, consolidation of two allotments, a boundary adjustment and the construction of two dwellings on lots 1 and 2 DP 333694 (10 Poole Street), lot 11 DP 601751 (12A Poole Street) and lot 10 DP 601751 (12 Poole Street), Longueville. 2 Of all the proposed actions above, the only one in contention is the demolition of Derwent House, which stands on 10 Poole Street and is an item of local heritage.
The site 3 The site consists of three allotments. 10 Poole Street adjoins the Lane Cove River and contains Derwent House, an item of local heritage, which is well set back from the foreshore with a sloping garden towards the water and a swimming pool at the water's edge. It is a battle-axe allotment accessible from Poole Street and its area is 3,206m2. 4 12A Poole Street is also a battle-axe allotment. It has an area of 613m2. It contains a two-storey house with an in-ground swimming pool. 5 12 Poole Street has an area of 570m2 and direct frontage to Poole Street. A two-storey house and an in-ground swimming pool now occupy the site. 6 Longueville is a waterside suburb characterised by large houses on large allotments with leafy gardens.
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