Morris v North Sydney Council [2023] NSWLEC 1354

Land and Environment Court New South Wales

Medium Neutral Citation: Morris v North Sydney Council [2023] NSWLEC 1354 Hearing dates: Conciliation conference on 4 May 2023 Date of orders: 07 July 2023 Decision date: 07 July 2023 Jurisdiction: Class 1 Before: Sheridan AC Decision: The Court orders: (1) The appeal is upheld. (2) Development Application 198/22 in respect of 8 Levick Street, Cremorne for the construction of a new driveway with crossover and a single carport within the south-eastern corner of the front setback, including a storage area beneath the carport, alterations to the existing dwelling, other external works and associated works is determined by the grant of consent, subject to the conditions of consent at Annexure A. (3) The amended plans are to be uploaded to the NSW Planning Portal by 5pm on 2 May 2023. Catchwords: DEVELOPMENT APPLICATION – alterations and additions to an existing dwelling house – s34AA conciliation – agreement between the parties – orders Legislation Cited: Environmental Planning and Assessment Act 1979, ss 4.16, 8.7 Environmental Planning and Assessment Regulation 2021, s 37 Land and Environment Court Act 1979, ss 34, 34AA North Sydney Local Environmental Plan 2013, Pt 4 State Environmental Planning Policy (Resilience and Hazards) 2021, s 4.6 Texts Cited: North Sydney Development Control Plan 2013 Category: Principal judgment Parties: Katherine Morris (Applicant) North Sydney Council (Respondent) Representation: Counsel: E Strecker (Agent)(Applicant) K Law (Solicitor)(Respondent)