Hardie v North Sydney City Council [2006] NSWLEC 45

Land and Environment Court of New South Wales

CITATION : Hardie v North Sydney City Council [2006] NSWLEC 45

APPLICANT Katrina Hardie PARTIES : RESPONDENT North Sydney City Council

FILE NUMBER(S) : 10950 of 2005

CORAM: Hussey C

KEY ISSUES: Development Application :- Demolition of an existing carport and pergola structure - replacement of new double garage - extension of vehicular driveway crossing - landscaping - heritage conservation objectives

LEGISLATION CITED: North Sydney Local Environmental Plan 2001 North Sydney Development Control Plan

DATES OF HEARING: 29-30/11/2005

DATE OF JUDGMENT: 02/10/2006

APPLICANT Mr M Staunton, solicitor SOLICITORS LEGAL REPRESENTATIVES: Staunton Beattie RESPONDENT Ms E Duenow, solicitor SOLICITORS Mallesons Stephen Jaques

JUDGMENT: THE LAND AND ENVIRONMENT COURT OF NEW SOUTH WALES

Hussey C

10 February 2006

10950 of 2005 Katrina Hardie v North Sydney Council

JUDGMENT

Background 1 This appeal was lodged against council's refusal of a development application to demolish an existing carport and pergola structure and replace it with a new double garage, located at the rear of the site at 50 Burlington Street, Crows Nest. In response to this, the applicant undertook a number of amendments, so that the outstanding issues for the appeal can be summarised as: · the impact on the landscaped area of the site, in terms of an existing deficiency of landscaped open space area, pursuant to the prevailing development standards; · the bulk, character and reasonableness of the proposed to cover car parking spaces; · heritage impacts. 2 The parties agreed to Ms D Laidlaw being the Court appointed expert for planning and she prepared a detailed report, dated November 2005 (Exhibit 2). Following consideration of this report and discussions at the on-site hearing, further minor amendments were undertaken by the applicant, resulting in the parties now agreeing to consent orders.