The Trustee for Gordon Cres Development Unit Trust v Lane Cove Municipal Council [2019] NSWLEC 1154

Land and Environment Court New South Wales

Medium Neutral Citation: The Trustee for Gordon Cres Development Unit Trust v Lane Cove Municipal Council [2019] NSWLEC 1154 Hearing dates: 20 – 22 March 2019 Date of orders: 25 March 2019 Decision date: 25 March 2019 Jurisdiction: Class 1 Before: Dixon SC Decision: The Court orders: (1) The applicant's cl 4.6 written request to vary the development standard for height in cl 4.3 of the Lane Cove Local Environmental Plan 2009 is approved. (2) The appeal is upheld. (3) Development consent is granted to DA 151/2017 for lot consolidation, demolition of existing structures and construction of a residential flat building containing 69 residential apartments and associated works and landscaping on land at 84 – 90 Gordon Crescent, Lane Cove North, subject to the conditions in Annexure A. (4) The exhibits returned apart from Exhibits 10, A and J. Catchwords: APPEAL: development application – residential flat building – high density residential zone –consolidation of last remaining 4 lots in the street – variation of the height development standard under cl 4.6 of the LEP Legislation Cited: Environmental Planning and Assessment Act 1979 Land and Environment Court Act 1979 Lane Cove Local Environmental Plan 2009 State Environmental Planning Policy No 65—Design Quality of Residential Apartment Development Cases Cited: Four2Five Pty Ltd v Ashfield Council [2015] NSWLEC 90 Initial Action Pty Ltd v Woollahra Municipal Council [2018] NSWLEC 118 Randwick City Council v Micaul Holdings Pty Ltd [2016] NSWLEC 7 Wehbe v Pittwater Council (2007) 156 LGERA 446; [2007] NSWLEC 827 Texts Cited: Apartment Design Guide Category: Principal judgment Parties: The Trustee for Gordon Cres Development Unit Trust (Applicant) Lane Cove Municipal Council (Respondent) Representation: Counsel: C McEwen SC (Applicant)