Turner v North Sydney Council [2022] NSWLEC 1025

Land and Environment Court New South Wales

Medium Neutral Citation: Turner v North Sydney Council [2022] NSWLEC 1025 Hearing dates: 14 December 2021 Date of orders: 28 January 2022 Decision date: 28 January 2022 Jurisdiction: Class 1 Before: Walsh C Decision: The orders of the Court are: (1) The appeal is upheld. (2) Development Application No. 2021/0208 for alterations and additions at 30 Wilson Street Cammeray is approved subject to the conditions at Annexure A. (3) The exhibits, other than Exhibits 1, A-G and L, are returned. Catchwords: DEVELOPMENT APPLICATION– provision of basement garage and rear additions – effect on heritage significance of heritage conservation area – tree removal and replacement – neighbour impact Legislation Cited: Environmental Planning and Assessment Act 1979 ss 8.7, 4.15, 4.17 Land and Environment Court Act 1979, s 34AA North Sydney Local Environmental Plan 2013, cl 5.10, Pt 2, Sch 5 Cases Cited: Golden v Minister for Transport Administering the Ports Corporatisation and Waterways Management Act 1995 (2002) 121 LGERA 101; [2002] NSWLEC 75 Texts Cited: Australia ICOMOS Charter for Places of Cultural Significance, The Burra Charter, 2013 North Sydney Development Control Plan 2013 Category: Principal judgment Parties: Ben Turner (First Applicant) Rebecca Meyer (Second Applicant) North Sydney Council (Respondent) Representation: Counsel: D Briggs (Solicitor) (Applicant) A Seton (Solicitor) (Respondent)