Stevens v North Sydney Council [2024] NSWLEC 1621

Land and Environment Court New South Wales

Medium Neutral Citation: Stevens v North Sydney Council [2024] NSWLEC 1621 Hearing dates: Conciliation conference 9 September 2024 Date of orders: 04 October 2024 Decision date: 04 October 2024 Jurisdiction: Class 1 Before: Dickson C Decision: The Court orders that: (1) The appeal is upheld (2) Development consent is granted to development application No DA 381/2022 for alterations and additions to an existing residential dwelling including internal reconfiguration, first floor extension, new garage and associated landscape works on the land at 9 Gundimaine Avenue, Kurraba Point NSW 2089, known as Lot 2 in Deposited Plan 9797, subject to the conditions in Annexure A. Catchwords: DEVELOPMENT APPLICATION: alterations and additions to a residential dwelling – conciliation conference – amended plans – agreement between the parties – orders made. Legislation Cited: Environmental Planning and Assessment Act 1979, ss 4.15, 8.7, 8.14 Fisheries Management Act 1994 Land and Environment Court Act 1979, ss 34, 34AA, 39 Water Management Act 2000 Environmental Planning and Assessment Regulation 2021, ss 23, 27, 37, 38 North Sydney Local Environmental Plan 2013, cll, 2.3, 4.3, 4.6, 5.10, 6.9, 6.10 State Environmental Planning Policy (Biodiversity nd Conservation) 2021, ss 6.6, 6.7, 6.8, 6.9, 6.10, 6.28, Pts 6.2, 6.3 State Environmental Planning Policy (Resilience and Hazards) 2021, s 2.10, 2.11, 4.6 Cases Cited: Initial Action Pty Ltd v Woollahra Municipal Council (2018) 236 LGERA 256; [2018] NSWLEC 118. RebelMH Neutral Bay Pty Ltd v North Sydney Council [2019] NSWCA 130 Texts Cited: North Sydney Development Control Plan 2013 Category: Principal judgment Parties: Catherine Louise Mary Stevens (Applicant) North Sydney Council (Respondent) Representation: Counsel: M Parrino (Solicitor)(Applicant) J Merlino (Solicitor)(Respondent)