Ellis v Lane Cove Council [2020] NSWLEC 1190

Land and Environment Court New South Wales

Medium Neutral Citation: Ellis v Lane Cove Council [2020] NSWLEC 1190 Hearing dates: 2 April 2020 Date of orders: 23 April 2020 Decision date: 23 April 2020 Jurisdiction: Class 1 Before: Bish C Decision: The orders of the Court are as follows: (1) Leave is granted to rely on amended plans revision set 2A, dated 31 March 2020. (2) The appeal is dismissed. (3) Development Application (DA) 188/2018 which relates to demolition of existing structures and construction of a two storey dwelling with basement garaging on Lot 18 DP 9653, also known as 60 Centennial Avenue, Lane Cove is refused. (4) The exhibits are retained. Catchwords: DEVELOPMENT APPEAL – residential dwelling – excavation – consistency with character and streetscape Legislation Cited: COVID-19 Legislation Amendment (Emergency Measures) Act 2020 Environmental Planning and Assessment Act 1979 Interpretation Act 1987 Land and Environment Court Act 1979 Lane Cove Local Environmental Plan 2009 Cases Cited: Barrack v City of Parramatta Council [2018] NSWLEC 67 Texts Cited: Land and Environment Court of the New South Wales, COVID-19 Pandemic Arrangements Policy, (March 2020) Lane Cove Development Control Plan 2010 Merriam-Webster Dictionary (online version) Category: Principal judgment Parties: Mark Ellis (Applicant) Lane Cove Council (Respondent) Representation: Counsel: M Staunton (Applicant) A Seton (Solicitor) (Respondent)