Pearson R v North Sydney Council [2004] NSWLEC 137

Land and Environment Court of New South Wales

CITATION : Pearson R v North Sydney Council [2004] NSWLEC 137 revised - 16/06/2004 APPLICANT Richard Pearson PARTIES : RESPONDENT North Sydney Council FILE NUMBER(S) : 10894(2) of 2003 CORAM: Bly C KEY ISSUES: Development Application :- Amenity - impacts including loss of views and outlook and loss of daylight - impacts on heritage significance of dwelling and conservation area Environmental Planning and Assessment Act; s 96 LEGISLATION CITED: North Sydney Local Environmental Plan 2001 North Sydney Development Control Plan 2002 State Environmental Planning Policy No. 1 CASES CITED: DATES OF HEARING: 02- 03/03/2004 EX TEMPORE 03/03/2004 JUDGMENT DATE :

APPLICANT Mr S Brockwell, barrister SOLICITORS Peter Prior & Co.

LEGAL REPRESENTATIVES: RESPONDENT Ms H Irish, barrister SOLICITORS Mallesons Stephen Jaques

JUDGMENT:

IN THE LAND AND ENVIRONMENT COURT OF NEW SOUTH WALES

10894(2) of 2003 Bly C 3 March 2004 Richard Pearson Applicant

v North Sydney Council Respondent Judgment

1. On 24 June 2002, North Sydney Council granted conditional development consent permitting extensive alterations and additions to the existing heritage listed dwelling house at No. 15 Kareela Road, Cremorne Point. This consent was granted following a number of changes to the proposal.