Pei Long Wu v Lane Cove Council [2012] NSWLEC 1218

Land and Environment Court New South Wales

Medium Neutral Citation: Pei Long Wu v Lane Cove Council [2012] NSWLEC 1218 Hearing dates: 19 July 2012 Decision date: 09 August 2012 Jurisdiction: Class 1 Before: O'Neill C Decision: 1. The appeal is dismissed. 2. Development application no.15/2012 to demolish the existing dwelling and construct a new three and four storey dwelling is refused consent. 3. The applicant is to pay those costs of the Council that were thrown away as a result of amending the application, under s 97B, as agreed. 4. The exhibits, other than exhibits A and C, are returned. Catchwords: DEVELOPMENT APPLICATION: demolition of existing dwelling and construction of a new dwelling; existing use rights; bulk and scale; desired and likely future character; weight to draft LEP. Legislation Cited: Environmental Planning and Assessment Act 1979 Land and Environment Court Act 1979 Cases Cited: Goldin & Anor v Minister for Transport Administering the Ports Corporatisation and Waterways Iris Diversified Property Pty Ltd v Randwick City Council [2010] NSWLEC 58 Management Act 1995 [2002] NSWLEC 75 Terrace Tower Holdings Pty Ltd v Sutherland Shire Council (2003) NSWCA Category: Principal judgment Parties: Mr Pei Long Wu (Applicant) Lane Cove Council (Respondent) Representation: Mr J. Johnson (Barrister) (Applicant) Mr A. Seton (Solicitor) (Respondent) Solicitors Marsdens Law Group (Respondent) File Number(s): 10383 of 2012