Pemberton v North Sydney Council [2022] NSWLEC 1592

Land and Environment Court New South Wales

Medium Neutral Citation: Pemberton v North Sydney Council [2022] NSWLEC 1592 Hearing dates: Conciliation conference on 20, 21 October 2022 Date of orders: 26 October 2022 Decision date: 26 October 2022 Jurisdiction: Class 1 Before: Walsh C Decision: The Court orders that: 1) The clause 4.6 written request prepared by Ingham Planning dated October 2022 to vary the maximum height of buildings development standard in clause 4.3 of the North Sydney Local Environmental Plan 2013 is upheld. 2) The appeal is upheld. 3) Development Application No DA206/21 for alterations and additions to 8 and 8A Baden Road comprising an attic addition to 8 Baden Road and new roof to the existing attic at 8 Baden Road and internal alterations to the existing dwelling at 8 Baden Road, Kurraba Point, being lots 1 and 2 in Strata Plan 83783 is approved, subject to the conditions of consent in Annexure A. Catchwords: APPEAL – development application – conciliation conference – agreement reached Legislation Cited: Environmental Planning and Assessment Act 1979, ss 1.4, 4.15, 4.16, 8.7, Div 2.6 Environmental Planning and Assessment Regulation 2000, cl 55 Land and Environment Court Act 1979, ss 34, 34AA, 39 North Sydney Local Environmental Plan 2013, cll 2.3, 4.3, 4.6, 5.10, 6.6, Sch 5 Pt 1 State Environmental Planning Policy (Biodiversity and Conservation) 2021 (SEPP Biodiversity), Ch 10, Div 2 State Environmental Planning Policy (Resilience and Hazards) 2021 (Resilience and Hazards SEPP), s 4.6 Cases Cited: Wehbe v Pittwater Council (2007) 156 LGERA 446; [2007] NSWLEC 827 Texts Cited: North Sydney Council's Community Engagement Protocol dated November 2019 Sydney Harbour Foreshores and Waterways Area Development Control Plan 2005 Category: Principal judgment Parties: Gail Pemberton (Applicant) North Sydney Council (Respondent) Representation: Counsel: J Reid (Applicant) S Kondilios (Solicitor) (Respondent)