Morgan v Lane Cove Council (No 3) [2018] NSWLEC 1470

Land and Environment Court New South Wales

Medium Neutral Citation: Morgan v Lane Cove Council (No 3) [2018] NSWLEC 1470 Hearing dates: 15 June 2018 Date of orders: 06 September 2018 Decision date: 06 September 2018 Jurisdiction: Class 1 Before: Dixon SC Decision: The orders of the Court are:

(1) Appeal No. 17/63578 is upheld;

(2) Development Application No. DA213/2016 for the construction of a three storey dwelling and access driveway on Lot 2 at 7 Dettmann Avenue, Longueville is approved subject to the conditions in Annexure A;

(3) Appeal No. 17/211667 is upheld;

(4) Development Application No. DA170/2016 for the subdivision of land at 7 Dettmann Avenue, Longueville into two (2) Torrens title allotments is approved subject to the conditions in Annexure B;

(5) The Exhibits are returned. Catchwords: DEVELOPMENT APPEAL: conditions of consent for two separate development appeals concerning the subdivision of land into two lots and the construction of a dwelling house on one of the approved lots. Legislation Cited: Environmental Planning and Assessment Act 1979 Land and Environment Court Act 1979 Uniform Civil Procedure Rules 2005 Cases Cited: Morgan v Lane Cove Council (No 1) [2017] NSWLEC 1687 Morgan v Lane Cove Council (No 2) [2018] NSWLEC 1472 Texts Cited: Lane Cove Development Control Plan 2009 Category: Principal judgment Parties: June Morgan (Applicant) Lane Cove Council (Respondent) Representation: Counsel: Dr J Smith (Respondent)