Camuglia v North Sydney Council [2021] NSWLEC 1588

Land and Environment Court New South Wales

Medium Neutral Citation: Camuglia v North Sydney Council [2021] NSWLEC 1588 Hearing dates: 16-17 September 2021 Date of orders: 11 October 2021 Decision date: 11 October 2021 Jurisdiction: Class 1 Before: Horton C Decision: The Court orders that: (1) The appeal is upheld. (2) Development Consent No. DA55/19 is modified in the terms in Annexure A. (3) Development Consent No. DA55/19/2 as modified by the Court is Annexure B. (4) All exhibits are returned, except for Exhibits A, B, F, H, J and 4. Catchwords: MODIFICATION APPLICATION – residential apartment development – residential flat building – whether condition should be deleted – assessment of view loss – vertical transportation systems – car lift Legislation Cited: Environmental Planning and Assessment Act 1979, s 4.55 Environmental Planning and Assessment Regulation 2000, cl 121B Land and Environment Court Act 1979, ss 34, 39 North Sydney Local Environmental Plan 2013, cl 4.3 Cases Cited: 1643 Pittwater Road Pty Ltd v Pittwater Council [2004] NSWLEC 685 Camuglia v North Sydney Council [2020] NSWLEC 1406 Moto Projects (No 2) Pty Ltd v North Sydney Council (1999) 106 LGERA 298; [1999] NSWLEC 280 North Sydney Council v Michael Standley & Associates Pty Ltd (1998) 43 NSWLR 468; [1998] NSWSC 163 Scrap Realty Pty Ltd v Botany Bay City Council (2008) 166 LGERA 342; [2008] NSWLEC 333 Sydney City Council v Ilenace Pty Ltd [1984] 3 NSWLR 414 Tenacity Consulting Pty Ltd v Warringah Council [2004] NSWLEC 140 Texts Cited: Australian Standard AS1735 – Lifts, escalators and moving walks Australian Standard AS 2890.1-2004 – Parking Facilities North Sydney Development Control Plan 2013 Category: Principal judgment Parties: Yolenda Camuglia (Applicant) North Sydney Council (Respondent) Representation: Counsel: A Galasso SC (Applicant) K Gerathy (Solicitor) (Respondent)