NSW Caselaw
Land and Environment Court New South Wales
Medium Neutral Citation: Allen v North Sydney Council [2024] NSWLEC 1466 Hearing dates: Conciliation Conference 17 June, 2, 9 July 2024 Date of orders: 2 August 2024 Decision date: 02 August 2024 Jurisdiction: Class 1 Before: Byrne AC Decision: The Court orders that: (1) The appeal is upheld; (2) Development Application No. DA346/22, for ground floor alterations and the extension of the rear first floor of the dwelling at 75 Holtermann Street, Crows Nest NSW 2065, is determined by the grant of consent subject to the conditions at Annexure 'A'. Catchwords: DEVELOPMENT APPEAL – alterations and additions to 2 storey terrace house – heritage conservation area - 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, s 34 North Sydney Local Environmental Plan 2013, cll 2.3, 2.7, 4.3, 5.102 State Environmental Planning Policy (Biodiversity and Conservation) 2021 State Environmental Planning Policy (Resilience and Hazards) 2021 State Environmental Planning Policy (Transport and Infrastructure) 2021 Category: Principal judgment Parties: Catherine Louise Allen (Applicant) North Sydney Council (Respondent) Representation: Counsel: L Mulligan (solicitor) (Applicant) K Law (solicitor) (Respondent)
Solicitors: Lindsay Taylor Lawyers (Applicant) Mathews Folbigg Lawyers (Respondent) File Number(s): 2023/462789 Publication restriction: No
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