NSW Caselaw
Land and Environment Court New South Wales
Medium Neutral Citation: Hinset Pty Ltd v Lane Cove Council [2011] NSWLEC 1248 Hearing dates: 1, 8 August 2011 Decision date: 23 August 2011 Jurisdiction: Class 1 Before: Morris C Decision: The matter is listed for mention at 4pm on Wednesday August 31 2011 Catchwords: Residential Flat Building; Bushfire risk, traffic; impact on road infrastructure; ability to evacuate. Legislation Cited: Environmental Planning and Assessment Act 1979; Rural Fires Act, 1997; Lane Cove Local Environmental Plan 2009; State Environmental Planning Policy No 65 - Design Quality for Residential Flat Development. Cases Cited: BGP Properties Pty Limited v Lake Macquarie City Council [2004] NSWLEC 399; Tuite v Wingecarribee Shire Council (No 2) [2008] NSWLEC 321. Texts Cited: Planning for Bushfire Protection 2006; AS 3959-2009 Construction of buildings in bush fire prone areas; Lane Cove Development Control Plan; Building Code of Australia; State Disaster Plan; the Hunters Hill, Ryde, Lane Cove, Willoughby Bushfire Management Committee's Bushfire Risk Management Plan; Hunters Hill, Ryde, Lane Cove, Willoughby Bushfire Management Committee's Bushfire Risk Management Plan - Operations. Category: Principal judgment Parties: Hinset Pty Limited (Applicant)
Lane Cove Council (Respondent) Representation: Counsel Mr P Tomasetti SC (Applicant) Solicitors Maddocks Lawyers (Applicant)
Mr A Seton Marsdens Law Group (Respondent) File Number(s): 10465 of 2011
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