Modog Pty Ltd v North Sydney Council [2020] NSWLEC 1342

Land and Environment Court New South Wales

Medium Neutral Citation: Modog Pty Ltd v North Sydney Council [2020] NSWLEC 1342 Hearing dates: 25-26 June, 9 July 2020 Date of orders: 4 August 2020 Decision date: 04 August 2020 Jurisdiction: Class 1 Before: Dickson C Decision: The Court orders that: (1) The appeal is dismissed. (2) That development application DA175/19 for the demolition of the existing dwelling and construction of a new dwelling, carport and landscaping at 24 Cranbrook Avenue, Cremorne is refused. (3) The exhibits are returned with the exception of Exhibits A, B and 3. Catchwords: DEVELOPMENT APPLICATION – demolition of a heritage item and construction of a new dwelling – conflicting assessments of significance of the item – suitability of the replacement dwelling agreed – whether the demolition of the existing dwelling will have an unacceptable impact on the heritage significance Legislation Cited: Environmental Planning and Assessment Act 1979 Land and Environment Court Act 1979 North Sydney Local Environmental Plan 2013 Cases Cited: Nader v Strathfield Council [2015] NSWLEC 1370 North Western Surveys v Baulkham Hills Shire Council [2005] NSWLEC 666 Regent Street Constructions v Ku-ring-gai Council [2006] NSWLEC 743 Sandoval Investments v North Sydney Council [2006] NSWLEC 721 Tova Pty Ltd v Parramatta City Council [2004] NSWLEC 282 Texts Cited: Heritage New South Wales, "Search for NSW Heritage" <https://www.heritage.nsw.gov.au/about-our-heritage/> accessed 30 June 2020 Land and Environment Court of New South Wales, COVID-19 Pandemic Arrangements Policy (March, 2020) New South Wales Office of Environment and Heritage, Assessing heritage significance, (July 2001) North Sydney Development Control Plan 2013 Category: Principal judgment Parties: Modog Pty Ltd (Applicant) North Sydney Council (Respondent) Representation: Counsel: J Reid (Applicant) D Birch (Respondent)