Nicholas Dunn & Associates Pty Ltd v North Sydney Council [2005] NSWLEC 551

Land and Environment Court of New South Wales

CITATION : Nicholas Dunn & Associates Pty Ltd v North Sydney Council [2005] NSWLEC 551

APPLICANT Nicholas Dunn & Associates Pty Ltd

PARTIES : RESPONDENT North Sydney Council

FILE NUMBER(S) : 10316 of 2005

CORAM: Nott C

Development Application :- Proposed demolition of existing house and the erection of a large two-storey contemporary house with basement carparking in a conservation area - whether the proposal should be refused having regard to the provisions of the LEP and DCP - impact on neighbour's views considered - held the development does not fit in well with the contributory items of the conservation area - appeal dismissed. KEY ISSUES:

Environmental Planning and Assessment Act 1979 s 97 LEGISLATION CITED: North Sydney Local Environmental Plan 2001 North Sydney Development Control Plan 2002

DATES OF HEARING: 29 & 31 August 2005

DATE OF JUDGMENT: 10/07/2005

APPLICANT Mr B Holmes, solicitor SOLICITORS Hones Lawyers LEGAL REPRESENTATIVES: RESPONDENT Ms H Irish, barrister SOLICITORS Mallesons Stephen Jaques

JUDGMENT:

IN THE LAND AND ENVIRONMENT COURT OF NEW SOUTH WALES

Nott C

7 October 2005

10316 of 2005: Nicholas Dunn & Associates Pty Ltd v North Sydney Council [2005] NSWLEC 551

JUDGMENT

Overview

1. Commissioner Nott: This is an appeal against the Council's refusal of a development application to demolish an existing single-storey house and single-car garage at 1 Cairo Street, Cammeray, in a conservation area, and to erect instead a relatively large, contemporary, two-storey house with basement carparking.