Buildworx (Australia) Pty Ltd v Lane Cove Council [2016] NSWLEC 1154

Land and Environment Court New South Wales

Medium Neutral Citation: Buildworx (Australia) Pty Ltd v Lane Cove Council [2016] NSWLEC 1154 Hearing dates: 14 December 2015, 19 February 2016; conditions 5 April 2016 Date of orders: 29 April 2016 Decision date: 29 April 2016 Jurisdiction: Class 1 Before: Pearson C Decision: 1. The appeal is upheld; 2. Modification Application No 72/2013B to modify Development Consent No 72/2013 for construction of a dwelling house at 51 Northwood Road Northwood is determined by approving the modifications as set out in Annexure A; 3. As a consequence of order (2), Development Consent No 72/2013 is now subject to the consolidated, modified conditions of development consent set out in Annexure B; and 4. The exhibits, other than A, B, C, and 7, are returned. Catchwords: DEVELOPMENT MODIFICATION: Dwelling house – original consent subject to conditions requiring design changes – Issue of Construction Certificate – Whether development as proposed to be modified substantially the same as the development for which consent originally granted – Privacy - Overshadowing – Views – Bulk and scale Legislation Cited: Environmental Planning and Assessment Act 1979 Land and Environment Court Act 1979 Lane Cove Local Environmental Plan 2009 Cases Cited: Burwood Council v Ralan Burwood Pty Ltd (No 3) [2014] NSWCA 404 Moto Projects (No 2) Pty Ltd v North Sydney Council (1999) 106 LGERA 298 North Sydney Council v Michael Standley & Associates Pty Ltd (1998) 43 NSWLR 468 Scrap Realty Pty Ltd v Botany Bay City Council (2008) 166 LGERA 342 SDHA Pty Ltd v Waverley Council [2015] NSWLEC 65 Windy Dropdown Pty Ltd v Warringah Council [2000] NSWLEC 240 Category: Principal judgment Parties: Buildworx (Australia) Pty Ltd (Applicant) Lane Cove Council (Respondent) Representation: Counsel: Mr M Wright (Respondent)