Landmark Group Pty Limited v Lane Cove Council

Land and Environment Court New South Wales Amendment notes Medium Neutral Citation: Landmark Group Pty Limited v Lane Cove Council [2014] NSWLEC 1187 Hearing dates:13 August 2014Decision date: 22 August 2014 Jurisdiction:Class 1Before: Dixon C Decision: (1)The appeal is upheld.(2)Development Consent D37/13 approved by Lane Cove Council on 18 September for demolition of 4 dwelling houses and the construction of a residential flat building comprising 71 units and onsite parking of 100 cars in relation to the land at 15-21 Mindarie Street Lane Cove, is modified pursuant to s 96 of the Environmental Planning and Assessment Act 1979 in accordance with the conditions of consent in Annexure A (3)The exhibits are returned. Catchwords: MODIFICATION - conditions of development consent - hours of work on a Saturday Legislation Cited: Environmental Planning and Assessment Act 1979 Cases Cited: Stockland Development Pty Ltd v Manly Council [2004] NSWLEC 492; (2004) 136 LGERA 254 Category:Principal judgmentParties: Landmark Group Pty Limited (Applicant) Lane Cove Council (Respondent) Representation: Mr M Staunton (Applicant) Mr A Seton (Respondent) Wilshire Webb Staunton Beattie (Applicant) Marsdens Law Group (Respondent) File Number(s):10165 of 2014 JudgmentIntroductionThe applicant, Landmark Group Pty Limited, has conditional development consent from Lane Cove Council to construct a residential flat building at 15-21 Mindarie Street, Lane Cove (the consent). On 6 December 2013 the applicant lodged an application with the Council seeking approval to modify the approved development through the amendment and/or deletion of conditions of consent. In particular, the amendment of conditions 2, 13, 21, 75, 82...