Nuts 'n Berries v North Sydney Council [2006] NSWLEC 516

Land and Environment Court of New South Wales

CITATION : Nuts 'n Berries v North Sydney Council [2006] NSWLEC 516

Applicant: Nuts 'n Berries Pty Ltd & G Falcomata Pty Ltd PARTIES : Respondent: North Sydney Council

FILE NUMBER(S) : 10204 of 2006

CORAM: Roseth SC

KEY ISSUES: Development Application :- compliance with building height plane, overshadowing and podium setback

CASES CITED: Karavellas v Sutherland Shire Council [2004] NSWLEC 251

DATES OF HEARING: 14/08/2006 and 15/08/2006

DATE OF JUDGMENT: 08/22/2006

Applicant: LEGAL REPRESENTATIVES: Mr J Bingham, instructed by Ms A Segel, solicitors of Deacons Respondent: Ms G Furness, barrister instructed Ms R Mirosevich of Mallesons Stephen Jaques

JUDGMENT: - 13 - THE LAND AND ENVIRONMENT COURT OF NEW SOUTH WALES

Roseth SC

22 August 2006

10204 of 2006 Nuts 'n Berries Pty Ltd and G Falcomata Pty Ltd v North Sydney Council

JUDGMENT 1 Senior Commissioner: This is an appeal against the refusal by North Sydney Council (the council) of a development application to demolish the existing buildings and erect a 14-storey commercial/residential building on lots 5, 6 and 7 DP 237104, known as 12-16 Berry Street, North Sydney.

The site 2 The site is on the northern side of Berry Street, west of Pacific Highway. Its width is 22m, its depth is 43m and its area is 952m2. Two four-storey buildings now occupy the site, with vehicular access from Doohat Lane. 3 The site's northern boundary is also a zone boundary. On the other side are detached houses facing Doohat Avenue. At the corner of Doohat Avenue and Doohat Lane is a heritage-listed house, No 1 Doohat Avenue. The properties in Doohat Avenue are zoned residential with a 12m height limit. 4 To the east of the site is a four-storey commercial building, No 18 Berry Street, which is attached to the existing building on the site along its entire length. Further to the east and on the other side of the Highway is the business centre of North Sydney with its mixture of medium and high-rise buildings. 5 To the west of the site is a three-storey commercial building at 8-10 Berry Street. To the west of that site is a residential area with varying densities and heights up to four storeys. To the south, on the other side of Berry Street is an eleven-storey building comprising a four-storey commercial base with seven residential floors above. To the west, still on the south side of Berry Street, is 10/17 Berry Street, a three-storey apartment building with living rooms and balconies facing to the north.