Mehrgardt v North Sydney Council [2022] NSWLEC 1284

Land and Environment Court New South Wales

Medium Neutral Citation: Mehrgardt v North Sydney Council [2022] NSWLEC 1284 Hearing dates: Conciliation conference on 17-18 May 2022 Date of orders: 06 June 2022 Decision date: 06 June 2022 Jurisdiction: Class 1 Before: Horton C Decision: The Court orders that: (1) The appeal is upheld. (2) Development Application No. DA18/21, for the demolition of existing building and construction of a new dwelling house and associated landscaping on land legally described as Lot 1 in DP726071, known as 1 Bank Lane, North Sydney NSW 2060, is determined by the grant of consent subject to the conditions at Annexure B. Catchwords: DEVELOPMENT APPLICATION – dwelling house development in heritage conservation area – conciliation conference – agreement between parties – orders Legislation Cited: Environmental Planning and Assessment Act 1979, s 8.7 Environmental Planning and Assessment Regulation 2000, cl 55, cl 2A of Part 1, Sch 1 Land and Environment Court Act 1979, ss 34, 34AA North Sydney Local Environmental Plan 2013, cll 5.10, Sch 5 State Environmental Planning Policy (Building Sustainability Index: BASIX) 2004 State Environmental Planning Policy No 55—Remediation of Land, cl 7 State Environmental Planning Policy (Resilience and Hazards) 2021, cl 4.6 Category: Principal judgment Parties: Philip Mehrgardt (Applicant) North Sydney Council (Respondent) Representation: Counsel: J Reid (Applicant) H Irish (Respondent)