Henry v Noth Sydney Council [2005] NSWLEC 740

Land and Environment Court of New South Wales

CITATION : Henry v Noth Sydney Council [2005] NSWLEC 740

APPLICANT Rupert Henry

PARTIES : RESPONDENT North Sydney Council

FILE NUMBER(S) : 11206 of 2005

CORAM: Hussey C

KEY ISSUES: Appeal :- s 96 modification for a multilevel dwelling.

LEGISLATION CITED: Environmental Planning and Assessment Act 1979

DATES OF HEARING: 21/12/2005 EX TEMPORE JUDGMENT DATE : 12/21/2005

APPLICANT Mr T. Riley, solicitor

LEGAL REPRESENTATIVES: RESPONDENT Ms R. Dixon, solicitor of Mallesons Stephen Jaques

JUDGMENT: THE LAND AND ENVIRONMENT COURT OF NEW SOUTH WALES

Hussey C

21 December 2005

11206 of 2005 Rupert Henry v North Sydney Council This decision was given extemporaneously. It has been revised and edited prior to publication.

JUDGMENT 1 This appeal arises from the conditions imposed by Council on a s 96 Modification application for multilevel dwelling at 18 Cowdroy Ave, Cammeray. The following conditions are the subject of the appeal: · Condition 46, which deals with the provision of privacy screens along the eastern and western elevations of the northern terrace, · Condition 51, which deals with the type of windows on the western elevation, · Condition 52, which deals with the extent of the northern terrace. 2 The appeal was conducted by way of an on-site hearing (OSH), where the Court had the opportunity of viewing the development and hearing the objections of neighbours. These objections relate to the overlooking opportunities from the terrace onto the neighbouring pool area and terrace at 1/16 Cowdroy Ave and also into the neighbouring bedroom areas of 2/16 Cowdroy Ave.