Landmark Group Pty Limited v Lane Cove Council [2014] NSWLEC 1187

Land and Environment Court New South Wales

Medium Neutral Citation: Landmark Group Pty Limited v Lane Cove Council [2014] NSWLEC 1187 Hearing dates: 13 August 2014 Decision date: 22 August 2014 Jurisdiction: Class 1 Before: Dixon C Decision: (1)The appeal is upheld. (2)Development Consent D37/13 approved by Lane Cove Council on 18 September for demolition of 4 dwelling houses and the construction of a residential flat building comprising 71 units and onsite parking of 100 cars in relation to the land at 15-21 Mindarie Street Lane Cove, is modified pursuant to s 96 of the Environmental Planning and Assessment Act 1979 in accordance with the conditions of consent in Annexure A (3)The exhibits are returned. Catchwords: MODIFICATION - conditions of development consent - hours of work on a Saturday Legislation Cited: Environmental Planning and Assessment Act 1979 Cases Cited: Stockland Development Pty Ltd v Manly Council [2004] NSWLEC 492; (2004) 136 LGERA 254 Category: Principal judgment Parties: Landmark Group Pty Limited (Applicant)

Lane Cove Council (Respondent) Representation: Mr M Staunton (Applicant)

Mr A Seton (Respondent) Wilshire Webb Staunton Beattie (Applicant)

Marsdens Law Group (Respondent) File Number(s): 10165 of 2014

Judgment

Introduction 1The applicant, Landmark Group Pty Limited, has conditional development consent from Lane Cove Council to construct a residential flat building at 15-21 Mindarie Street, Lane Cove (the consent). 2On 6 December 2013 the applicant lodged an application with the Council seeking approval to modify the approved development through the amendment and/or deletion of conditions of consent. In particular, the amendment of conditions 2, 13, 21, 75, 82 and 88 and, the deletion of conditions 35(e), 37, 39, 44, 56, 60, 76(1). 3On 5 February 2014 the Council resolved to amend condition 2 and delete conditions 39, 43 and 44 and impose a replacement condition 43 on the consent. 4As the applicant did not accept the Council's determination it filed this appeal to Court pursuant to s97AA of the Environmental Planning and Assessment Act 1979. However, by the date of the hearing all issues had been resolved except for those relating to condition 13.