Landmark Group Pty Limited v Lane Cove Council [2014] NSWLEC 1187

Landmark Group Pty Limited v Lane Cove Council [2014] NSWLEC 1187

The Council's general restriction on Saturday construction hours was given little weight because it had been adopted with little, if any, public and stakeholder consultation and should not be applied inflexibly. On the individual merits, the development had reached a stage where mainly light internal works were proposed, the applicant agreed to feasible conditions controlling noise, tools and parking, and those conditions would address amenity concerns. It was reasonable to extend Saturday work from 12 noon to 4pm, but not to allow a 7am start because early arrival of tradesmen could affect neighbours; the 8am start should remain, and the extended hours should not operate until the...

Jurisdiction
Australia
Judgment Date
22 August 2014
Procedural Posture
Class 1 Appeal / Appeal to the Land and Environment Court Pursuant to S97 AA of the Environmental Planning and Assessment Act 1979 Against the Council's Determination of a Modification Application
Outcome
Appeal upheld; Development Consent D37/13 modified pursuant to s 96 of the Environmental Planning and Assessment Act 1979 in accordance with Annexure A.
Legal Topics
['modification of Development Consent Conditions' 'construction Hours on Saturdays' 'residential Amenity Impacts' 'construction Noise Management' 'council Policy Weight']
['environmental Planning and Assessment' 'development Consent Modification' 'land and Environment Court Proceedings'] ['modification of Development Consent Conditions' 'construction Hours on Saturdays' 'residential Amenity Impacts' 'construction Noise Management' 'council Policy Weight']

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Procedural Posture

Class 1 Appeal / Appeal to the Land and Environment Court Pursuant to S97 AA of the Environmental Planning and Assessment Act 1979 Against the Council's Determination of a Modification Application

Legal Issues

  1. 1 ['Whether condition 13 of Development Consent D37/13 should be modified to permit construction work on Saturdays until 4pm' "Whether the Council's resolution restricting Saturday construction hours for multi-unit residential development should be given determinative weight" 'Whether proposed conditions for noise monitoring, restriction of work types and onsite parking would sufficiently address amenity impacts' 'Whether Saturday work should commence at 7am or remain at 8am']

Ratio Decidendi

The Council's general restriction on Saturday construction hours was given little weight because it had been adopted with little, if any, public and stakeholder consultation and should not be applied inflexibly. On the individual merits, the development had reached a stage where mainly light internal works were proposed, the applicant agreed to feasible conditions controlling noise, tools and parking, and those conditions would address amenity concerns. It was reasonable to extend Saturday work from 12 noon to 4pm, but not to allow a 7am start because early arrival of tradesmen could affect neighbours; the 8am start should remain, and the extended hours should not operate until the...

Court Disposition

Appeal upheld; Development Consent D37/13 modified pursuant to s 96 of the Environmental Planning and Assessment Act 1979 in accordance with Annexure A.

Orders

  • ['The appeal is upheld.' '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...