McPeake v North Sydney Council [2024] NSWLEC 1247

Land and Environment Court New South Wales

Medium Neutral Citation: McPeake v North Sydney Council [2024] NSWLEC 1247 Hearing dates: Conciliation Conference 6 and 7 May 2023 Date of orders: 15 May 2024 Decision date: 15 May 2024 Jurisdiction: Class 1 Before: Espinosa C Decision: The Court orders: (1) The appeal is upheld; and (2) Development application number DA337/22, as amended, for alterations and additions to the existing dwelling on land identified as Lot 9 in Deposited Plan 24336 and known as 2 The Boulevarde, Cammeray NSW 2062, is determined by the grant of development consent subject to the conditions included at Annexure A. Catchwords: DEVELOPMENT APPEAL – residential development – conciliation conference – agreement between the parties - orders Legislation Cited: Environmental Planning and Assessment Act 1979, s 4.16, 8.7 Land and Environment Court Act 1979, s 34AA Environmental Planning and Assessment Regulations 2021, s 38 State Environmental Planning Policy (Biodiversity and Conservation) 2021 State Environmental Planning Policy (Building Sustainability Index: BASIX) 2004 State Environmental Planning Policy (Sustainable Buildings) 2022 State Environmental Planning Policy (Resilience and Hazards) 2021, s 4.6 North Sydney Local Environment Plan 2013, cll 4.3, 4.4, 5.10, 5.23, 6.10 Category: Principal judgment Parties: John James McPeake (Applicant) North Sydney Council (Respondent) Representation: Counsel: S Griffiths (Solicitor)(Applicant) S Kondilios (Respondent)