NSW Caselaw
Land and Environment Court New South Wales
Medium Neutral Citation: North Shore Property Developments Pty Ltd v Lane Cove Council [2013] NSWLEC 1140 Hearing dates: 15 & 16 July 2013 Decision date: 31 July 2013 Jurisdiction: Class 1 Before: Tuor C Decision: (1)The appeal is dismissed. (2) The application under s 96(8) of the Environmental Planning and Assessment Act 1979 to modify, under s 96(2), the development consent DA10/200 for a residential flat building at 532 - 534 Mowbray Road and 72 - 74 Gordon Crescent, Lane Cove, is refused. (3) The exhibits, except Exhibit 4, may be returned. Catchwords: DEVELOPMENT CONSENT - amend development consent for a residential flat building. Whether substantially the same development. Impact of additional storey. Legislation Cited: Environmental Planning and Assessment Act 1979 Land and Environment Court Act 1979 Lane Cove Local Environmental Plan 2009 Cases Cited: Moto Projects (No 2) Pty Ltd v North Sydney Council (1999) 106 LGERA 298 North Sydney Council v Michael Standley & Associates Pty Ltd (1998) 43 NSWLR 468 Tipalea Watson Pty Ltd v Ku-ring-gai Council (2003) 129 LGERA 351 Urban Link Pty Ltd v Lane Cove Council [2011] NSW LEC 1279 Vacik Pty Ltd v Penrith City Council (Land and Environment Court, Stein J, 24 February 1992) Category: Principal judgment Parties: North Shore Property Developments Pty Ltd (Applicant)
Lane Cove Council (Respondent) Representation: Counsel Ms S Duggan SC (Applicant)
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