Altisse Pty Limited v Lane Cove Council [2015] NSWLEC 1029

Land and Environment Court New South Wales

Medium Neutral Citation: Altisse Pty Limited v Lane Cove Council [2015] NSWLEC 1029 Hearing dates: 12 February 2015 Date of orders: 27 February 2015 Decision date: 27 February 2015 Jurisdiction: Class 1 Before: Fakes C Decision: Appeal dismissed Catchwords: DEVELOPMENT APPLICATION: Dual occupancy; minimum lot size Legislation Cited: Environmental Planning and Assessment Act 1979 Land and Environment Court Act 1979 Lane Cove Local Environmental Plan 2009 Standard Instrument – Principal Local Environmental Plan Cases Cited: Project Venture Developments v Pittwater Council [2005] NSWLEC 191 Veloshin v Randwick Council [2007] NSWLEC 428 Wehbe v Pittwater Council [2007] NSWLEC 827 Category: Principal judgment Parties: Altisse Pty Limited (Applicant) Lane Cove Council (Respondent) Representation: Counsel: Applicant: Mr M Staunton (Barrister) Respondent: Mr A Seton (Solicitor)

Solicitors: Applicant: Sattler & Associates Pty Ltd Respondent: Marsdens Law Group File Number(s): 10883 of 2014

Judgment 1. COMMISSIONER: The applicant appeals Lane Cove Council's refusal of Development Application DA 7/2014 for the demolition of an existing dwelling and construction of a dual occupancy and strata subdivision at Lot 21 DP 11204 or 1 Rothwell Crescent, Lane Cove (the site). 2. The applicant lodged the development application with the council in January 2014. Council subsequently refused the DA in April 2014. In July 2014, in accordance with s 82A of the Environmental Planning and Assessment Act 1979 (EPA Act), the applicant lodged an application seeking a review of council's determination. Amended plans were prepared. In November 2014 the council determined the s 82A application by confirming its original decision that the DA be refused. 3. The appeal to the Court is made pursuant to s 97 of the EPA Act. 4. The matter commenced as a mandatory conciliation conference under s 34AA of the Land and Environment Court Act 1979. Although some issues were agreed, as the parties could not reach full agreement, the conciliation was terminated and the matter proceeded to a hearing. The plans relied on by the applicant are the plans prepared for the s 82A review.