Cahill v Lane Cove Council

Land and Environment Court New South Wales Amendment notes Medium Neutral Citation: Cahill & Anor v Lane Cove Council [2016] NSWLEC 1148 Hearing dates:4, 5 April 2016Date of orders: 26 April 2016 Decision date: 26 April 2016 Jurisdiction:Class 1Before: Hussey AC Decision: 1. The appeal be allowed.2. The Section 96 modification to the development consent granted for DA 153/14 for the construction of a 2 – storey dwelling house, a swimming pool and landscaping works at No 2 Birriwa Place, Northwood is allowed in accordance with the conditions in Annexure A and B.3. The exhibits may be returned except 1, 5, 6, A, C, D, E and F. Catchwords: Modification Application; Multi level dwelling, overlooking, privacy impacts from upper level terrace, solar and amenity impacts Legislation Cited: Lane Cove Local Environmental Plan 2009;   Lane Cove Development Control Plan_2010   State Environmental Planning Policy (Building Sustainability Index) 2004. Cases Cited: Moto Projects (No 2) Pty Ltd v North Sydney Council [1999] NSWLEC 280 Category:Principal judgmentParties: David Cahill (First Applicant) Louise Cahill (Second Applicant)   Lane Cove Council (Respondent) Representation: Counsel: Mr A Pickles SC (Applicant)   Solicitors: Sparke Helmore Lawyers (Applicant) Mr A Seton, Marsdens Law Group (Respondent) File Number(s):11170 of 2015JudgmentBackground This appeal was lodged against council’s refusal of a Section 96 modification application to five of the conditions of consent imposed on a new 2 storey house, over 3 levels with swimming pool and associated landscape works at 2 Birriwa Place, Northwood. The original development application was lodged in September 2014. It...