Rianon Mateer v Lane Cove Council

Land and Environment Court New South Wales Amendment notes Medium Neutral Citation: Rianon Mateer v Lane Cove Council [2014] NSWLEC 1152 Hearing dates:15 - 16 July, 2014Decision date: 31 July 2014 Jurisdiction:Class 1Before: O'Neill C Decision: 1. The appeal is upheld.2. Development Application No.14/4 for the adaptive reuse of an existing commercial building for a boarding house, including alterations and additions, is approved, subject to the conditions of consent in Annexure A.3. The exhibits, other than exhibits 2, A and C, are returned. Catchwords: DEVELOPMENT APPLICATION: change of use to a boarding house; exceedance of the floor space ratio development standard; suitability of the site. Legislation Cited: Environmental Planning and Assessment Act 1979 Land and Environment Court Act 1979 Cases Cited: BGP Properties Pty Ltd v Lake Macquarie City Council [2004] NSWLEC 399 New Century Developments Pty Limited v Baulkham Hills Shire Council [2003] NSWLEC 154 Category:Principal judgmentParties: Rianon Mateer (Applicant) Lane Cove Council (Respondent) Representation: Counsel: Ms H. Irish Barrister (Applicant) Mr A. Seton Solicitor (Respondent)   Solicitors: Conomos Legal (Applicant) Marsdens Law Group (Respondent) File Number(s):10115 of 2014Judgment COMMISSIONER: This is an appeal pursuant to the provisions of s97 of the Environmental Planning and Assessment Act 1979 against the refusal of Development Application No. 14/4 for the adaptive re-use of a commercial building for use as a boarding house, including alterations and additions to the existing building (the proposal), at 1 Johnston Lane, Lane Cove West, by Lane Cove Council (the Council). The appeal was subject to mandatory conciliation...