Jordan v North Sydney Council [2003] NSWLEC 438

> Land and Environment Court of New South Wales

CITATION : Jordan v North Sydney Council [2003] NSWLEC 438 APPLICANT Joseph Francis Jordan PARTIES : RESPONDENT North Sydney Council FILE NUMBER(S) : 10824 of 2003 CORAM: Nott C KEY ISSUES: Development Application :- proposed new roof and extension of garage - building height plane - no significant loss of views or overshadowing for adjoining neighbour LEGISLATION CITED: Environmental Planning and Assessment Act 1979, s 97 State Environmental Planning Policy No. 1 - Development Standards CASES CITED: DATES OF HEARING: 10 November 2003 EX TEMPORE JUDGMENT DATE : 11/10/2003

APPLICANT Ms S Duggan, barrister SOLICITORS Spiegel & Associates Pty Ltd LEGAL REPRESENTATIVES: RESPONDENT Mr M Causer, solicitor SOLICITORS Mallesons Stephen Jaques

JUDGMENT:

IN THE LAND AND ENVIRONMENT COURT OF NEW SOUTH WALES 10824 of 2003

Nott C

10 November 2003

Joseph Francis Jordan Applicant v North Sydney Council Respondent

Reasons for Judgment

1. This is an appeal against the council's refusal of a development application to erect a new roof on an existing building at 50 Hayberry Street, Crows Nest. The proposal can be seen in the plan numbered DA 01A. The garage which is proposed to be erected with its new roof is about 4.6 m wide internally. The building extends from the rear lane of Hayberry Lane for a distance of about 9.6 m and at the rear of the garage a storeroom is proposed. The existing walls will in large part be retained. In particular, the western wall which adjoins the common boundary with No 48 Hayberry Street will in fact be reduced in height, and from the reduced height the new roof will spring. This roof as originally proposed was a hipped roof on the western and eastern sides but had gable ends facing the lane (which is the northern end of the garage) and at the southern end.