Sloman v North Sydney Council [2024] NSWLEC 1025

Land and Environment Court New South Wales

Medium Neutral Citation: Sloman v North Sydney Council [2024] NSWLEC 1025 Hearing dates: 22 January 2024 Date of orders: 30 January 2024 Decision date: 30 January 2024 Jurisdiction: Class 1 Before: Washington AC Decision: The Court orders: (1) The Applicants' written request under cl 4.6 of the North Sydney Local Environmental Plan 2013 (NSLEP), prepared by Watermark Planning dated June 2023 seeking a variation of the development standard for height under cl 4.3 of the NSLEP, is upheld. (2) The appeal is upheld. (3) Development application DA188/2022 (as amended) for alterations and additions to an existing dwelling at 39 Union Street, McMahons Point, is approved subject to conditions set out in Annexure A. Catchwords: DEVELOPMENT APPLICATION – conciliation conference – alterations and additions to dwelling house – clause 4.6 request – agreement between the parties – orders Legislation Cited: Environmental Planning and Assessment Act 1979, ss 4.16, 8.7 Land and Environment Court Act 1979, ss 34, 34AA State Environmental Planning Policy (Resilience and Hazards) 2021, s 4.6 State Environmental Planning Policy (Biodiversity and Conservation) 2021, s 6.65, Chs 2, 10 North Sydney Local Environmental Plan 2012 cll 4.3, 4.6, 6.10 State Environmental Planning Policy (Building Sustainability Index) (BASIX) 2004 Category: Principal judgment Parties: Rebecca Sloman (First Applicant) Benjamin Sloman (Second Applicant) North Sydney Council (Respondent) Representation: Counsel: P Tomasetti (Applicants) K Law (Solicitor) (Respondent)