Landmark Group Australia Pty Limited v Lane Cove Council [2019] NSWLEC 1034

Land and Environment Court New South Wales

Medium Neutral Citation: Landmark Group Australia Pty Limited v Lane Cove Council [2019] NSWLEC 1034 Hearing dates: 13 December 2018 Date of orders: 05 February 2019 Decision date: 05 February 2019 Jurisdiction: Class 1 Before: Dickson C Decision: The Court orders that:

(1) The applicant is granted leave to rely on the plans contained in Exhibit A in the proceedings;

(2) The applicant is to pay the Respondents costs thrown away as a result of amending the development application pursuant to s 8.15(3) of the Environmental Planning and Assessment Act 1979 in the agreed some of $1,000, payable within 28 days of the making of these orders;

(3) The request to vary the development standard in clause 4.3 of the Lane Cove Local Environmental Plan 2009 is upheld;

(4) The appeal is upheld;

(5) Development Application DA/86/2017 for demolition of two dwelling houses and associated structures and construction of a five storey residential flat building comprising 28 units over basement parking at 30-32 Mindarie Street, Lane Cove North is approved subject to the conditions in Annexure A;

(6) The exhibits are returned with the exception of Exhibits A, B, C, D, E and 1. Catchwords: DEVELOPMENT APPLICATION: demolition and construction of residential flat development; principal issue whether the development creates an isolated site; minimum site area standard not achieved; variation to the site area control reasonable; approval warranted. Legislation Cited: Environmental Planning and Assessment Act 1979 Lane Cove Local Environmental Plan 2009 State Environmental Planning Policy (Affordable Rental Housing) 2009 State Environmental Planning Policy (Building Sustainability Index: BASIX) 2004 State Environmental Planning Policy 55 – Remediation of Land State Environmental Planning Policy No 65—Design Quality of Residential Apartment Development Cases Cited: Cornerstone Property Group Pty Ltd v Warringah Council [2004] NSWLEC 189 Four2Five Pty Ltd v Ashfield Council [2015] NSWCA 248 Futurespace Pty Ltd v Ku-ring-gai Council (2009) 169 LGERA 153 Initial Action v Woollahra Municipal Council [2018] NSWLEC 118 Karavellas v Sutherland Shire Council [2004] NSWLEC 251 Melissa Grech v Auburn Council [2004] NSWLEC 40 Wehbe v Pittwater Council (2007) 156 LGERA 446 Texts Cited: Apartment Design Guide Lane Cove Development Control Plan Amendment 2 Category: Principal judgment Parties: Landmark Group Australia Pty Limited (Applicant) Lane Cove Council (Respondent) Representation: Counsel: T To (Applicant) J Smith (Respondent)