Bannerman v Lane Cove Council [2016] NSWLEC 1118

Land and Environment Court New South Wales

Medium Neutral Citation: Bannerman v Lane Cove Council [2016] NSWLEC 1118 Hearing dates: 16, 17 March 2016 Date of orders: 18 March 2016 Decision date: 18 March 2016 Jurisdiction: Class 1 Before: Pearson C Decision: (1) The appeal is dismissed; (2) Development Application 152/2015 seeking consent for the construction for a residential dwelling for an attached dual occupancy at 26 Pinaroo Place, Lane Cove North, is refused; and (3) The exhibits are returned except for exhibits 1, 7, A, B and J. Catchwords: DEVELOPMENT APPLICATION: Attached dual occupancy - Consistency with character of area – Bushfire prone land – Rear setback – Solar access – Privacy – Open space – Landscaped area Legislation Cited: Civil Procedure Act 2005 Environmental Planning and Assessment Act 1979 Land and Environment Court Act 1979 Lane Cove Local Environmental Plan 2009 Cases Cited: Bankstown City Council v Mohamad El Dana [2009] NSWLEC 68 Zhang v Canterbury Council (2001) 115 LGERA 373 Category: Principal judgment Parties: Joseph Lionel Bannerman (Applicant) Lane Cove Council (Respondent) Representation: Mr J Bannerman (Applicant in person) Mr A Seton, Marsdens Law Group (Respondent) File Number(s): 11208 of 2015

Judgment This decision was given as an extemporaneous decision. It has been revised and edited prior to publication. 1. This is an appeal under s 97 of the Environmental Planning and Assessment Act 1979 (the Act) against the deemed refusal of Development Application DA152/2015 which sought consent for the construction of a residential dwelling for an attached dual occupancy at 26 Pinaroo Place, Lane Cove North. The application was lodged on 29 September 2015 and the applicant lodged his appeal against a deemed refusal on 22 December 2015; on 26 February 2016, the Council determined to refuse the application.