Nusalim v North Sydney Council [2022] NSWLEC 1401

Land and Environment Court New South Wales

Medium Neutral Citation: Nusalim v North Sydney Council [2022] NSWLEC 1401 Hearing dates: 6-7 June 2022 Date of orders: 2 August 2022 Decision date: 02 August 2022 Jurisdiction: Class 1 Before: Horton C Decision: The Court orders that: (1) The Appeal is upheld. (2) Development Application No 326/2021 for construction of a two storey detached dwelling with retention of existing building fabric including a single storey rear addition on an existing rock outcrop and an underfloor double garage, at 6 Billong Street, Kurraba Point is determined by the grant of consent, subject to conditions of consent at Annexure A. (3) All exhibits are returned, except for Exhibit A. Catchwords: DEVELOPMENT APPLICATION – development in heritage conservation area – dwelling house development in R2 Low Density Residential zone – view loss – whether adverse impact on amenity Legislation Cited: Environmental Planning and Assessment Act 1979, ss 4.15, 8.7, Land and Environment Court Act 1979, s 34AA North Sydney Local Environmental Plan 2013, cll 5.10, 6.10, Sch 5 State Environmental Planning Policy No 55—Remediation of Land, cl 7 State Environmental Planning Policy (Resilience and Hazards) 2021, cl 4.6 State Environmental Planning Policy (Building Sustainability Index: BASIX) 2004 Environmental Planning and Assessment Regulation 2000, cl 55 Cases Cited: Coorey v Municipality of Hunters Hill [2013] NSWLEC 1187 Tenacity Consulting v Warringah Council [2004] NSWLEC 140 Texts Cited: North Sydney Development Control Plan 2013 NSW Heritage Office publication 'Design in Context' Burra Charter Category: Principal judgment Parties: George Nusalim (Applicant) North Sydney Council (First Respondent) David Francis Jackson (Second Respondent) Monica Mary Jackson (Third Respondent) Michael John McCarthy (Fourth Respondent) Elizabeth McCarthy (Fifth Respondent) Representation: Counsel: T To (Applicant) S Kondilios (Solicitor) (First Respondent) M Seymour (Second – Fifth Respondents)