Kiel v North Sydney Council [2023] NSWLEC 1574

Land and Environment Court New South Wales

Medium Neutral Citation: Kiel v North Sydney Council [2023] NSWLEC 1574 Hearing dates: Conciliation conference held on 21 and 22 September 2023 Date of orders: 03 October 2023 Decision date: 03 October 2023 Jurisdiction: Class 1 Before: Bish C Decision: The Court orders that: (1) The appeal is upheld. (2) Development Application DA380/22, as amended, seeking construction an open elevated parking platform within the front setback of an existing semi-detached dwelling and new fencing on Lot 1 Deposited Plan 541517, also known as 24 Premier Street, Neutral Bay is determined by the grant of consent, and subject to the conditions set out in Annexure A. Catchwords: DEVELOPMENT APPLICATION – construction of an elevated carpark structure – appropriate landscaping – conciliation conference– agreement between the parties – orders Legislation Cited: Environmental Planning and Assessment Act 1979, ss 4.15, 4.16, 8.7 Environmental Planning and Assessment Regulation 2021, ss 23, 37, 38 Land and Environment Court Act 1979, ss 34, 34AA North Sydney Local Environmental Plan 2013, cl 2.3 State Environmental Planning Policy (Resilience and Hazards) 2021, s 4.6 Texts Cited: North Sydney Development Control Plan 2013 Category: Principal judgment Parties: Thomas Kiel (Applicant) North Sydney Council (Respondent) Representation: Counsel: M Astil (Applicant) S Kondilios (Solicitor) (Respondent)