Cant v Lane Cove Council [2007] NSWLEC 801

Land and Environment Court of New South Wales

CITATION : Cant v Lane Cove Council [2007] NSWLEC 801 This decision has been amended. Please see the end of the judgment for a list of the amendments.

APPLICANT David & Margaret Cant PARTIES : RESPONDENT Lane Cove Council

FILE NUMBER(S) : 10623 of 2007

CORAM: Hoffman C

KEY ISSUES: Development Application :- Character of locality, sympathy and harmony with adjoining development, residential amenity, streetscape, public interest and safety, solar access.

Environmental Planning and Assessment Act 1979 LEGISLATION CITED: Lane Cove Local Environmental Plan 1987 Sydney Regional Environmental Plan (Sydney Harbour Catchment) 2005 State Environmental Planning Policy No55

DATES OF HEARING: 15-16 October 2007

DATE OF JUDGMENT: 7 December 2007

APPLICANT Ms S Duggan, barrister Instructed by Macree & Co solicitors LEGAL REPRESENTATIVES: RESPONDENT Mr S Griffiths, solicitor of Pike Pike & Fenwick

JUDGMENT: THE LAND AND ENVIRONMENT COURT OF NEW SOUTH WALES

Hoffman C

3 December 2007

10623 of 2007 Cant, David & Margaret Vs Lane Cove Council

JUDGMENT

1 This is a Class 1 Appeal No. 10623 of 2007 between David & Margaret Cant Vs Lane Cove Council in regard to the refusal of a proposal for a new dwelling on a rear lot of No.7 Holden St, Northwood. The rear lot is currently used as the back yard of the above property, but it has its own address as No.7 Kelly's Esplanade. The proposal involves the part-demolition of the existing house, but that has been approved by council already as part of renovations to No.7 Holden St.