Salter v North Sydney Council [2022] NSWLEC 1412

Land and Environment Court New South Wales

Medium Neutral Citation: Salter v North Sydney Council [2022] NSWLEC 1412 Hearing dates: Conciliation conference on 25 and 26 July 2022 Date of orders: 03 August 2022 Decision date: 03 August 2022 Jurisdiction: Class 1 Before: Espinosa C Decision: The Court orders: (1) The appeal is upheld. (2) The Applicant's written request prepared by AK Planning made pursuant to clause 4.6 of the North Sydney Local Environmental Plan 2013 to vary the height of buildings development standard at clause 4.3 of North Sydney Local Environmental Plan 2013 is upheld. (3) Development consent is granted to Development Application No. DA209/21 for alterations and additions to an existing dual occupancy including a new car space within the garage and a first floor extension on the land at 80 Cairo Street, Cammeray, subject to the conditions of consent annexed hereto and marked 'A'. Catchwords: DEVELOPMENT APPEAL – residential – alterations and additions – heritage – conciliation conference – agreement between the parties – orders Legislation Cited: Environmental Planning and Assessment Act 1979, s 4.15, 4.16, 8.7 Land and Environment Court Act 1979, s 34 North Sydney Local Environmental Plan 2013, cll 4.3, 4.6, 5.10, 6.6, 6.10 State Environmental Planning Policy (Building Sustainability Index BASIX) 2004 State Environmental Planning Policy (Biodiversity and Conservation) 2021 (SEPP Biodiversity and Conservation) Ch 2, s 10.10 State Environmental Planning Policy (Resilience and Hazards) 2021, s 4.6 Cases Cited: SHMH Properties Australia Pty Ltd v City of Sydney Council [2018] NSWLEC 66 Category: Principal judgment Parties: Brigit Salter (Applicant) North Sydney Council (Respondent) Representation: Counsel: T Robertson SC (Applicant) Dr J Smith (Respondent)