Vigor Master Pty Ltd & Jiang v Lane Cove Council [2010] NSWLEC 1267

Land and Environment Court of New South Wales

CITATION : Vigor Master Pty Ltd & Jiang v Lane Cove Council [2010] NSWLEC 1267

APPLICANT 1. Vigor Master Pty Ltd PARTIES : 2. Howarth Jiang

RESPONDENT Lane Cove Council

FILE NUMBER(S) : 10365; 10429 of 2010

CORAM: Morris C

KEY ISSUES: BUILDING CERTIFICATE - DEVELOPMENT MODIFICATION :- Substantially the same development

LEGISLATION CITED: Environmental Planning and Assessment Act 1979 Civil Procedure Act 2005

Vacik Pty Limited v Penrith City Council (LECNSW, 24 February 1992 unreported) CASES CITED: Moto Projects (No. 2) Pty Limited v North Sydney Council [1999] NSWLEC 280 Ireland v Cessnock City Council [1999] NSWLEC 250

TEXTS CITED: Building Code of Australia

DATES OF HEARING: 21, 21 & 24 September, 2010

DATE OF JUDGMENT: 6 October 2010

APPLICANT Mr J Johnson, Barrister SOLICITOR Woolf Associates LEGAL REPRESENTATIVES:

RESPONDENT Mr A Seton SOLICITOR Marsdens Law Group

JUDGMENT:

THE LAND AND ENVIRONMENT COURT OF NEW SOUTH WALES

Morris C

6 October 2010

10365 of 2010 Vigor Master v Lane Cove Council 10429 of 2010 Jiang v Lane Cove Council

JUDGMENT 1 Commissioner: These are appeals against the refusal by Lane Cove Council (the council) of: 1. An application under s 96(2) of the Environmental Planning and Assessment Act 1979(the Act) by Vigor Master Pty Ltd to modify development consent DA167/06 which authorised demolition of an existing dwelling and erection of a new two storey dwelling with associated garage and an in-ground swimming pool (Appeal No. 10365 of 2010). 2. A building certificate application by Howarth Jiang, under s 149F of the Act for the dwelling house, garage and pool (Appeal No. 10429 of 2010).