NSW Caselaw
Land and Environment Court New South Wales
Medium Neutral Citation: McCusker v North Sydney Council [2024] NSWLEC 1203 Hearing dates: Conciliation conference held on 5 and 8 April 2024 Date of orders: 19 April 2024 Decision date: 19 April 2024 Jurisdiction: Class 1 Before: Washington AC Decision: The Court orders: (1) The appeal is upheld. (2) Development Application DA325/23, seeking consent for the demolition of the southern and eastern verandah of the existing dwelling known as "Bovington" at 66 Shellcove Road, Neutral Bay is determined by the grant of development consent subject to the conditions in Annexure A. Catchwords: DEVELOPMENT APPLICATION – demolition of a verandah to a heritage item – conciliation conference – 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 Environmental Planning and Assessment Regulation 2021, Sch 7, s 38 North Sydney Local Environmental Plan 2013 Sch 5, cll 2.7, 5.10, 6.10 State Environmental Planning Policy (Biodiversity and Conservation) 2021, Ch 6 State Environmental Planning Policy (Resilience and Hazards) 2021, s 4.6 Category: Principal judgment Parties: Anne McCusker (Applicant) North Sydney Council (Respondent) Representation: Counsel: A McCusker (Self-represented) (Applicant) C Morton (Respondent)
Solicitors: Sparke Helmore (Respondent) File Number(s): 2024/51440 Publication restriction: No
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