Sandoval Investments v North Sydney Council [2006] NSWLEC 721

Land and Environment Court of New South Wales

CITATION : Sandoval Investments v North Sydney Council [2006] NSWLEC 721

APPLICANT Sandoval Investments Pty Limited PARTIES : RESPONDENT North Sydney Council

FILE NUMBER(S) : 10341 of 2006

CORAM: Brown C - Tuor C

KEY ISSUES: Development Application :- demolition of an existing residential flat building and the construction of a new residential flat building - whether the existing building should be demolished - whether the proposed building adversely impacts on the significance of nearby heritage items - whether the proposed building adversely impacts on the Conservation Area - breaches of height, building height plane and landscaped area requirements - new building design - amenity impacts

Environmental Planning and Assessment Act 1979 LEGISLATION CITED: North Sydney Local Environmental Plan 2001 State Environmental Planning Policy No. 65

DATES OF HEARING: 11, 12/10/06

DATE OF JUDGMENT: 11/28/2006

APPLICANT Mr M Wright, barrister SOLICITORS Minter Ellison

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

JUDGMENT: THE LAND AND ENVIRONMENT COURT OF NEW SOUTH WALES

Brown C with Tuor C

28 November 2006

10341 of 2006 Sandoval Investments Pty Limited v North Sydney Council

JUDGMENT 1 COMMISSIONERS: This is an appeal against the refusal of Development Application No. 79/06 by North Sydney Council (the council) for the demolition of an existing residential flat building and the construction of a new residential flat building at 106 Kirribilli Ave, Kirribilli (the site).