SNL Building Construction Pty Ltd v Lake Macquarie City Council [2019] NSWLEC 1147

Land and Environment Court New South Wales

Medium Neutral Citation: SNL Building Construction Pty Ltd v Lake Macquarie City Council [2019] NSWLEC 1147 Hearing dates: 22 January and 7 February 2019 Date of orders: 11 April 2019 Decision date: 11 April 2019 Jurisdiction: Class 1 Before: Chilcott C Decision: (1) The appeal is dismissed; (2) The exhibits are returned, with the exceptions of Exhibits A, B, D and 1. Catchwords: Development Application: mixed use development; proposed addition to approved development; additional storey breaches height of buildings development standard; is the Applicant's written request under cl 4.6 of Lake Macquarie LEP well founded; is compliance with the standard unreasonable or unnecessary; whether the Applicant's environmental planning grounds are sufficient. Legislation Cited: Environmental Planning and Assessment Act 1979 Lake Macquarie Local Environment Plan 2014` Land and Environment Court Act 1979 Cases Cited: Four2Five Pty Ltd v Ashfield Council [2015] NSWLEC 90 Four2Five Pty Ltd v Ashfield Council [2015] NSWCA 248 Initial Action Pty Ltd v Woollahra Council [2018] NSWLEC 118 Randwick City Council v Micaul Holdings Ltd (2016) 225 LGERA 94; [2016] NSWLEC 7 Texts Cited: Lake Macquarie Development Control Plan 2012 Category: Principal judgment Parties: SNL Building Constructions Pty Ltd (Applicant) Lake Macquarie City Council (Respondent) Representation: Counsel: S Berveling (Applicant)