Lawson and Kearney v North Sydney Council [2006] NSWLEC 198

Land and Environment Court of New South Wales

CITATION : Lawson and Kearney v North Sydney Council [2006] NSWLEC 198

APPLICANT James Lawson and PARTIES : Simon Kearney

RESPONDENT North Sydney Council

FILE NUMBER(S) : 11180 of 2005

CORAM: Bly C

KEY ISSUES: Development Application :- Demolition of dwelling house, construction of 2-storey duplex/strata subdivision, loss of privacy, solar access, streetscape, overshadowing and noise, consent orders

Environmental Planning and Assessment Act 1979 LEGISLATION CITED: North Sydney Local Environmental Plan 2001 State Environmental Planning Policy No. 1

DATES OF HEARING: 07/03/2006

EX TEMPORE JUDGMENT DATE : 03/07/2006

APPLICANT Mr G. McKee, solicitor of McKees Legal Solicitors LEGAL REPRESENTATIVES:

RESPONDENT Mr A. Stafford, solicitor of Mallesons

JUDGMENT: THE LAND AND ENVIRONMENT COURT OF NEW SOUTH WALES

Bly C

7 March 2006

11180 of 2005 James Lawson and Simon Kearney v North Sydney Council This decision was given extemporaneously and has been revised and edited prior to publication.

JUDGMENT 1 This appeal relates to Development Application No. 109/2005 lodged on 21 March 2005 with the North Sydney Council. The application is for the demolition of an existing single storey detached dwelling and the construction of a new 2-storey duplex building including Strata subdivision at No. 24 Lloyd Avenue, Cremorne.