Landmark Group Pty Ltd v Lane Cove Council [2011] NSWLEC 1245

Land and Environment Court New South Wales

Medium Neutral Citation: Landmark Group Pty Ltd v Lane Cove Council [2011] NSWLEC 1245 Hearing dates: 2, 3 August 2011 Decision date: 22 August 2011 Jurisdiction: Class 1 Before: Hussey C Decision: 1 The appeal is allowed. 2 Development consent is granted to D198/10 for the demolition of 4 dwellings and construction of a 4 - storey residential flat building containing 58 dwellings at 554 - 560 Mowbray Road, Lane Cove subject to the conditions in Annexure A. 3 The exhibits may be returned except 2, 10, 11, A, B, C, D and H. Catchwords: Residential Flat Building; Bushfire risk, adequacy of road system Legislation Cited: Environmental Planning and Assessment Act 1979 Lane Cove Local Environmental Plan 2009 SEPP No 19 - Bushland in Urban Areas SEPP No 55 - Remediation of Land SEPP No 65 - Design Quality of Residential Flat Development Cases Cited: Dames and Moore Pty Ltd v Byron Council [2000] NSWLEC 46 Category: Principal judgment Parties: Landmark Group Pty Ltd (Applicant)

Lane Cove Council (Respondent) Representation: Counsel Mr I Hemmings (Applicant) Solicitor Mr A Seton (Respondent) File Number(s): 10412 of 2011

Judgment

Background 1This appeal was lodged against council's refusal of a development application for the construction of a 4 storey residential flat building (RFB) and ancillary facilities at 554 - 560 Mowbray Road, Lane Cove. 2The site is located within an area that was recently rezoned to permit this form of development. However, it is also within a designated bush fire prone area and the council has initiated steps for a review of this zoning. According to the Fact Sheet issued by the NSW Planning & Infrastructure in August 2011 the strategic review is to: * Identify the opportunities and constraints to medium or high density development in the precinct; * Examine the existing LEP controls to determine the likely dwelling yield of the precinct; and * Identify any necessary infrastructure works to support the precinct's development. 3The Fact Sheet notes that a number of applications have been made and states that development applications for residential flat development in the area will continue to be assessed in accordance with the provisions of the EP & A Act. 4Notwithstanding that the review was announced after the appeal was lodged, the council identified one contention for this appeal, which is: The development application should be refused because inadequate information has been provided to demonstrate that the existing road network in the Mowbray Road Precinct is able to adequately and safely cater for emergency vehicle ingress and evacuating vehicular egress in a bush fire emergency in circumstances where the cumulative effect of the proposed development and likely future development, in terms of increase in population density, will result in an increase in vehicle movements and reliance on the existing road infrastructure.