Meehan v North Sydney Council [2005] NSWLEC 710

Land and Environment Court of New South Wales

CITATION : Meehan v North Sydney Council [2005] NSWLEC 710

APPLICANT MM Meehan

PARTIES : RESPONDENT North Sydney Council

FILE NUMBER(S) : 10945 of 2004

CORAM: Murrell C

Development Application :- Alterations and additions to a heritage dwelling. KEY ISSUES:

Environmental Planning and Assessment Act 1979 LEGISLATION CITED: North Sydney Local Environmental Plan

DATES OF HEARING: 26/04/2005, 16/06/2005, 28/07/2005, 17/11/2005 and 25/11/2005 EX TEMPORE JUDGMENT DATE : 11/25/2005

APPLICANT Mr J. Bingham, solicitor and Ms Z. Baker, solicitor of Deacons

LEGAL REPRESENTATIVES:

RESPONDENT Ms G Furness, barrister Instructed by: Ms E. Clancey of Mallesons Stephen Jaques

JUDGMENT:

THE LAND AND ENVIRONMENT COURT OF NEW SOUTH WALES

Murrell C

16 June 2005

10945 of 2004 Meehan v North Sydney Council

JUDGMENT - FINDINGS This decision was given extemporaneously. It has been edited prior to publication. 1 This is an appeal under s 97 of the Environmental Planning and Assessment Act against North Sydney Council's refusal of a development application for the property known as No. 40 Kirribilli Avenue, Kirribilli, on the corner of Broughton Street.

2 The subject site is 272 sq m with a frontage of approximately 7.7 m. The adjoining property at No. 42 Kirribilli Avenue is a pair within the two defined dwellings. They were built as a pair in approximately the 1870s. The pair of dwellings, terrace houses, is in fact a heritage item under the North Sydney LEP and it is identified as having local significance.