Staldone Corporation Pty Ltd v Lane Cove Council [2018] NSWLEC 1303

Staldone Corporation Pty Ltd v Lane Cove Council [2018] NSWLEC 1303

The ramp grade provision specific to residential flat buildings in the DCP (1:5) prevails over the general requirement to comply with AS2890.2 for service vehicles, given the nature of the use and limited extent and function of the ramp. Safety concerns were not substantiated as necessitating stricter compliance. The council's proposed deferred commencement condition can be deleted.

Parties
Applicant: Staldone Corporation Pty Ltd; Respondent: Lane Cove Council
Jurisdiction
Australia
Judgment Date
21 June 2018
Procedural Posture
Appeal Development Application (class 1) / Judgment After Hearing and Written Submissions
Outcome
Appeal upheld; development application approved subject to conditions.
Legal Topics
Development Application, Deferred Commencement Condition, Basement Car Park Ramp Grade, Statutory Interpretation
Planning and Environment Development Application Deferred Commencement Condition Basement Car Park Ramp Grade Statutory Interpretation

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Parties

Staldone Corporation Pty Ltd

Applicant

Lane Cove Council

Respondent

Procedural Posture

Appeal Development Application (class 1) / Judgment After Hearing and Written Submissions

Legal Issues

  1. 1 Whether a condition requiring a maximum ramp grade of 1 in 6.5 (as per AS2890.2) should be imposed on development approval
  2. 2 Whether the proposed internal ramp grade (up to 1 in 5) complies with relevant development controls and accepted safety standards

Ratio Decidendi

The ramp grade provision specific to residential flat buildings in the DCP (1:5) prevails over the general requirement to comply with AS2890.2 for service vehicles, given the nature of the use and limited extent and function of the ramp. Safety concerns were not substantiated as necessitating stricter compliance. The council's proposed deferred commencement condition can be deleted.

Court Disposition

Appeal upheld; development application approved subject to conditions.

Orders

  • The appeal is upheld.
  • Development Application No. DA 18/2017 for the demolition of three dwelling houses and associated structures, construction of a part 4 and 5 storey residential flat building comprising 37 residential apartments with part 2 and 3 basement car park levels accommodating 58 car spaces at 608-612 Mowbray Road, Lane Cove...