Urban Link Pty Ltd v Lane Cove Council [2013] NSWLEC 1157

Land and Environment Court New South Wales

Medium Neutral Citation: Urban Link Pty Ltd v Lane Cove Council [2013] NSWLEC 1157 Hearing dates: 5-7 and 15 August, 2013 Decision date: 21 August 2013 Jurisdiction: Class 1 Before: O'Neill C Decision: 1. The appeal is dismissed. 2. Development Application No. 13/24 for the demolition of five dwelling houses and the construction of a residential flat building containing 64 dwellings and basement car park is refused. 3. The exhibits, other than exhibits 4 and M, are returned. Catchwords: DEVELOPMENT APPLICATION: residential flat building; design quality; internal amenity; number of storeys; fire protection zone; accessible parking spaces. Legislation Cited: Environmental Planning and Assessment Act 1979 Land and Environment Court Act 1979 Category: Principal judgment Parties: Urban Link Pty Ltd (Applicant) Lane Cove Council (Respondent) Representation: Counsel Mr Chris McEwen SC (Applicant) Mr Mark Seymour (Respondent) Solicitors Gadens Lawyers (Applicant) Pikes & Verekers Lawyers (Respondent) File Number(s): 10223 of 2013

Judgment 1COMMISSIONER: This is an appeal pursuant to the provisions of s97 of the Environmental Planning and Assessment Act 1979 against the refusal of Development Application No. 13/24 (the proposal) by Lane Cove Council (the Council) for the demolition of five dwellings and the construction of a four and five storey residential flat building with basement parking, at 62-70 Gordon Crescent, Lane Cove (the site). 2The appeal was subject to mandatory conciliation on 30 May 2013, in accordance with the provisions of s34 of the Land and Environment Court Act 1979 (LEC Act). As no agreement was reached during the conciliation conference, it was terminated, pursuant to s34(4) of the LEC Act.