Southall & Anor v Lane Cove Council [2011] NSWLEC 1051

Land and Environment Court New South Wales

Medium Neutral Citation: Southall & Anor v Lane Cove Council [2011] NSWLEC 1051 Hearing dates: 18 February 2011 Decision date: 02 March 2011 Jurisdiction: Class 1 Before: Morris C Decision: (1) The appeal is dismissed. (2) The application to modify Development Consent No. D94/10 by the deletion of conditions 2, 4 and 5 is refused. (3) The exhibits are returned. Catchwords: Modification of consent: Streetscape; Encroachment of building alignment; Rooftop terrace. Legislation Cited: Land and Environment Court Act 1979; Lane Cove Local Environmental Plan 2009 Cases Cited: Super Studio v Waverley [2004] NSWLEC 91; Pafburn v North Sydney Council [2005] NSWLEC 444 Texts Cited: Building Code of Australia; Lane Cove Development Control Plan Category: Principal judgment Parties: Sarah Southall (Applicant) Ian Middleton (Applicant) Lane Cove Council (Respondent) Representation: Solicitors: Marsdens Law Group (Respondent) Mr A Seton (Respondent) File Number(s): 11031 of 2010

Judgment 1This is a determination of proceedings pursuant to s34(4)(b)(ii) of the Land and Environment Court Act 1979 . The matter the subject of the appeal relates to three conditions imposed by the Lane Cove Council (the council) in development consent D94/10 (the consent) which approved the construction of a two car garage at street level, alterations and additions to the ground floor of the existing, elevated dwelling, the construction of a new first floor area, swimming pool, cabana, and fences to the front and rear yards.