Pafburn v North Sydney Council (No2) [2005] NSWLEC 584

Land and Environment Court of New South Wales

CITATION : Pafburn v North Sydney Council (No2) [2005] NSWLEC 584

Applicant: Pafburn Pty Ltd

PARTIES : Respondent: North Sydney Council

FILE NUMBER(S) : 11071 of 2004

CORAM: Roseth SC

KEY ISSUES: Development Application :-

DATES OF HEARING: 09/08/2005, 10/08/2005 and 13/10/2005

DATE OF JUDGMENT: 10/14/2005

Applicant: Mr P Tomasetti, barrister instructed by Mr D Tudehope of O'Hara Co LEGAL REPRESENTATIVES: Respondent: Ms H irish, barrister instructed by Ms M Tregoning of Mallesons Stephen Jaques

JUDGMENT:

THE LAND AND ENVIRONMENT COURT OF NEW SOUTH WALES

Roseth SC

14 October 2005

11071 of 2004 Pafburn Pty Ltd v North Sydney Council (2)

JUDGMENT 1 Senior Commissioner: This is an appeal against the deemed refusal by North Sydney Council (the council) of a development application to demolish the existing house and erect a residential flat building containing 19 apartments on lot B DP370405, known as 197 Walker Street, North Sydney.

2 Following the hearing of this matter on 9 and 10 August 2005, the Court handed down its findings in a judgment on 16 August 2005. The Court found that the SEPP 1 Objection to the height standard in cl 17 of Local Environmental Plan 2001 was not well founded because the non-complying parts of the proposal cast a shadow on two apartments on the north side of No 191-195 Walker Street. The Court found that this was the only issue in the way of approval and that it was a relatively easy matter to fix.