SNL Building Constructions Pty Ltd v Lake Macquarie City Council [2018] NSWLEC 1152

Land and Environment Court New South Wales

Medium Neutral Citation: SNL Building Constructions Pty Ltd v Lake Macquarie City Council [2018] NSWLEC 1152 Hearing dates: 9 October 2017 and 27, 28 February 2018 Date of orders: 28 March 2018 Decision date: 28 March 2018 Jurisdiction: Class 1 Before: Dickson C Decision: The orders of the Court are: (1) The appeal is dismissed; (2) Development application DA/1243/2016 for demolition, tree removal, lot consolidation and the construction of nineteen dwelling houses at 2 Brighton Avenue and 133 Excelsior Parade, Toronto is refused. (3) The exhibits are returned with the exception of exhibit 4, and B. Catchwords: DEVELOPMENT APPEAL: residential subdivision – appropriateness of tree removal – are the impacts certain- whether the resulting visual impact is acceptable – whether the adjoining site is inappropriately isolated – impacts on adjoining neighbours – whether the intensity of the development is appropriate for the site. Legislation Cited: Environmental Planning and Assessment Act 1979 Land and Environment Court Act 1979 State Environmental Planning Policy 71(Coastal Protection) Cases Cited: BGP Properties Pty Limited v Lake Macquarie City Council [2004] NSWLEC 399 Marina Bay Developments Pty Limited v Pittwater Council [2007] NSWLEC 41 Stockland Development Pty Ltd v Manly Council [2004] NSWLEC 472 Grigorakis v Bayside Council [2016] NSWLEC 1573 Texts Cited: "Lake Macquarie Scenic Management Guidelines" Lake Macquarie Council, 2013 Category: Principal judgment Parties: SNL Building Constructions Pty Ltd (Applicant) Lake Macquarie City Council (Respondent) Representation: Counsel: Mr. P Larkin (Applicant) Dr. J Smith (Respondent)