Tepazo Pty Limited v Lane Cove Council [2014] NSWLEC 1078

Land and Environment Court New South Wales

Medium Neutral Citation: Tepazo Pty Limited v Lane Cove Council [2014] NSWLEC 1078 Hearing dates: 30 April, 1-2 May 2014 Decision date: 09 May 2014 Jurisdiction: Class 1 Before: Morris C Decision: Appeal dismissed Catchwords: Residential Flat Building: Height, bulk and scale, impacts on adjoining properties, compliance with planning controls. Legislation Cited: Lane Cove Local Environmental Plan 2009; State Environmental Planning Policy No 65 - Design Quality of Residential Flat Development; State Environmental Planning Policy (Building Sustainability Index BASIX) 2004; State Environmental Planning Policy (Infrastructure) 2007; Land and Environment Court Act 1979; State Environmental Planning Policy No. 1 - Development Standards; Environmental Planning and Assessment Act 1979 Cases Cited: Seaside Property Developments Pty Ltd v Wyong Shire Council [2004] NSWLEC 117 Wehbe v Pittwater Council [2007] NSWLEC 827; Texts Cited: Lane Cove Development Control Plan 2009; Residential Flat Design Code; Building Code of Australia Category: Principal judgment Parties: Tepazo Pty Limited (Applicant)

Lane Cove Council (Respondent) Representation: Ms S Duggan SC (Applicant) Gadens Lawyers (Applicant)

Mr A Seton Marsdens Law Group (Respondent) File Number(s): 10062 of 2014

Judgment 1Tepazo Pty Limited lodged development application D205/13 with Lane Cove Council on 20 December 2013 seeking consent for the demolition of existing buildings and construction of a residential flat building at 390-398 Pacific Highway, Lane Cove. The application was refused consent and Tepazo is appealing that decision.