Rianon Mateer v Lane Cove Council [2014] NSWLEC 1152

Land and Environment Court New South Wales

Medium Neutral Citation: Rianon Mateer v Lane Cove Council [2014] NSWLEC 1152 Hearing dates: 15 - 16 July, 2014 Decision date: 31 July 2014 Jurisdiction: Class 1 Before: O'Neill C Decision: 1. The appeal is upheld. 2. Development Application No.14/4 for the adaptive reuse of an existing commercial building for a boarding house, including alterations and additions, is approved, subject to the conditions of consent in Annexure A. 3. The exhibits, other than exhibits 2, A and C, are returned. Catchwords: DEVELOPMENT APPLICATION: change of use to a boarding house; exceedance of the floor space ratio development standard; suitability of the site. Legislation Cited: Environmental Planning and Assessment Act 1979 Land and Environment Court Act 1979 Cases Cited: BGP Properties Pty Ltd v Lake Macquarie City Council [2004] NSWLEC 399 New Century Developments Pty Limited v Baulkham Hills Shire Council [2003] NSWLEC 154 Category: Principal judgment Parties: Rianon Mateer (Applicant) Lane Cove Council (Respondent) Representation: Counsel: Ms H. Irish Barrister (Applicant) Mr A. Seton Solicitor (Respondent)

Solicitors: Conomos Legal (Applicant) Marsdens Law Group (Respondent) File Number(s): 10115 of 2014

Judgment 1. COMMISSIONER: 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. 14/4 for the adaptive re-use of a commercial building for use as a boarding house, including alterations and additions to the existing building (the proposal), at 1 Johnston Lane, Lane Cove West, by Lane Cove Council (the Council). 2. The appeal was subject to mandatory conciliation on 16 May 2014, in accordance with the provisions of s34 of the Land and Environment Court Act 1979 (LEC Act). As an agreement was not reached during the conciliation conference, the conciliation conference was terminated, pursuant to s34(4) of the LEC Act.